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Change of Mind

Jack He has decided to stay, more importantly he has decided to keep fighting.

Last week the Chinese father told the Commercial Appeal that he had given up plans to appeal a circuit court judgeís decision and regain custody of his daughter. ìI was extremely depressed at that time and felt that I was not a good father, good husband, and not a capable man,î he said about his comments in that paper. ìI was under extreme pressure at that time by my lawyer (David Siegel) to come up with $25,000 to $30,000 to pay for court documents needed for the appeal.î

He had told the paper that he felt he would return to China in the next two months with or without his family.

ìI now and still think we have some hope. I also have a good wife and she has always stood by me, and we will stay and fight together now,î he said.

Jack and his wife Casey are appealing a decision handed down by Judge Robert Childers last month, which terminated the coupleís parental rights towards their biological daughter, five-year-old Anna Mae He. The Hes had placed the child with a foster couple, Jerry and Louise Baker, for what they thought was temporary custody shortly after her birth. The Bakers said the Chinese couple abandoned the child by not paying child support while in their care and making only brief visits to see the her at their home.

After a 10-day trial in March, Childers ruled in favor of the Bakers, and the Hes and their attorneys immediately appealed.

Mr. He estimated his personal expenditures for the case has been about $17,000, including $15,000 ordered for both sides, to pay for Anna Maeís attorneyís fees, and costs of depositions and transcriptions. Initial fund-raising efforts through the Anna Mae He Foundation, that had netted $24,000, were determined by Childers to belong to the child and not to be used to assist her parents. A second fund established by the coupleís supporters has raised ìless than $1,000,î said Mr. He. A garage sale fund-raiser in their honor will be held this Saturday in Germantown.

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Second-Chance Prom

Get out the powDer-blue tuxedos, Booker T. Washington Class of 1969. It’s prom time!

The graduates of BTW have decided to turn back time 35 years and include the prom they never had in this year’s reunion activities. Proms for the 552 graduates were canceled during their junior and senior years, following unrest because of the assassinations of Dr. Martin Luther King Jr. and Robert Kennedy.

“When [prom] was cut out in our junior year it was devastating,” said class and committee member Charles McClora. “I don’t remember a lot from those years, but it was a very volatile time. There were social clubs at the school that had dances and things like that, but no prom.”

In addition to the assassinations and civil rights unrest, Memphis was also dealing with school desegregation. While the initial 13 first-graders had integrated a few Memphis City Schools in 1961, Booker T was not yet integrated because of the one-grade-at-a-time ruling.

“I attended Memphis City Schools from grades 1 to 12, and I can’t remember ever being in a classroom that was integrated, so we may have been one of the last schools to do so,” said classmate Mable Springfield Scott, now an administrator at North Carolina A&T University. McClora remembered only one white teacher at the school during this time. “Our class was one of the largest to ever have graduated [from BTW],” said Scott. “We were a huge class, but we were a real family.”

Part of the unrest of the time was also due to the Vietnam War. “We were losing students left and right in the war,” said committee chairperson Beverly Jeffries Moore. “The guys were being drafted and there was a lot of pressure being put on them to go serve their country.”

Moore graduated fourth in her class and married another BTW grad 27 years later. “Otis Redding and the Bar-Kays had just died [in a plane crash in 1967], and there was an air of unrest, and our class was constantly going through changes. It’s sort of like us not having a coming-out party. Girls scheme and dream of that day, and we didn’t get a chance to complete that part of our development.”

The prom is scheduled for June 12th at the Radisson Airport Inn. There’s no word yet on the music for the evening, but with songs from 1969 such as “Everyday People” by Sly and the Family Stone, “Get Back” by the Beatles, and “I Can’t Get Next to You” by the Temptations, the prom won’t be at a loss for good hits. n

E-mail: jdavis@memphisflyer.com

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Another Way Into the World

Candles flicker around the room, a soothing back rub is administered, words of encouragement are uttered, and somewhere in this idyllic scene a woman becomes a mother.

Such is the case for home delivery as described by a new business called Full Moon Midwifery. The clinic, used for pre- and postnatal checkups, opened May 20th in Chickasaw Oaks Plaza.

Staffed by certified professional midwives Kim Ray and Amy Stewart-Banbury, Full Moon offers an alternative to traditional hospital deliveries by bringing the hospital to the patient.

“We take care of the whole woman, respect the differences in women, and stress safety throughout the entire process,” said Ray, who is currently completing a nursing program at Methodist University Hospital.

Perhaps the most important feature of midwife deliveries is the absence of epidural or contraction-enhancing drugs. The owners say their method is less risky.

“Women’s bodies are designed to have babies naturally, and because delivery through a midwife has less interventions, it means less problems,” said Stewart-Banbury.

Less invasive care also means less cost, with a home delivery costing $2,200, including the pre- and post-checkups. Full Moon accepts insurance, but most insurance typically pays only a portion, if any, of midwifery expenses.

“There has been a stigma attached to midwives for a long time in this country,” said Ray. “Our society needs to start pushing this type of delivery.”

They admit their service is not for every woman, but the trend throughout the United States is increasing. According to the Centers for Disease Control, the percentage of all births delivered by physicians in hospitals has continued to decline to 91 percent in 2001 compared with almost 99 percent in 1975. Births by midwives have increased from 1 percent to 8 percent in the same period.

Probably the most asked question regarding homebirths: What happens to the mess left after delivery?

“With natural births there’s not a lot of blood like you see on television because we do not cut the mother to extract the baby,” said Ray. “There’s just amniotic fluid and the placenta.” Sterile pads collect the waste. The placenta is placed in plastic bags and frozen. “The families usually bury them in their backyards,” said Banbury.

Full Moon expects its first homebirth in June. n

E-mail: jdavis@memphisflyer.com

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New Leadership

Kenneth Currie, superintendent of the Woodland Hills Youth Development Center (YDC), was fired last week after an internal-affairs investigation cited nine concerns with the center and its management. The report came after 22 juveniles at the facility attempted a March escape and injured several staff members during an altercation in the center’s courtyard.

Kathy Bell with the Davidson County Department of Children’s Services (DCS) office has been selected to replace Currie, who had held his position at Woodland Hills for the past seven years. “The change in leadership is the first step toward making this a safe, treatment-oriented facility for our youth,” said Viola Miller, DCS commissioner.

Bell will address the concerns of the report which listed problems with student-to-staff ratios, a crisis plan, and staff communication. The facility had adopted a corrective plan after the March incident.

Woodland Hills, located in Nashville, is one of four YDCs in the state.

It houses 112 violent juvenile offenders, including 24 females. A separate

female facility is under construction adjacent to the existing unit.

E-mail: jdavis@memphisflyer.com

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Opinion Viewpoint

50 Years Later

Half a century ago, parents of 12 elementary school students risked everything to give their children one thing: a racially mixed school experience.

Those parents suffered the repercussions of their decision long after the U.S. Supreme Court ruled in favor of school desegregation. They were talked about, discriminated against, burned out, and spat upon. Unmoved by the threats, the group stood firm.

Few moments in history have affected Americans like the 1954 Brown v. Board of Education of Topeka ruling. Fifty years later, that case still has significant impact on education in America. The case has also factored, either directly or indirectly, into such basic beliefs as the separation of church and state, equal rights, and a fair criminal justice system.

The wording by Chief Justice Earl Warren in the decision was clear: “[I]n the field of public education the doctrine of ‘separate but equal’ has no place. Separate education facilities are inherently unequal.” This decision was the culmination of an uphill battle for the parents, the NAACP defense team representing them, and the millions of Americans who had been discriminated against under the “separate but equal” doctrine that had governed all aspects of life since it was approved in the 1896 Plessy v. Ferguson case.

Two weeks ago, lawyers from the American Bar Association were in Memphis recreating the Brown trial, complete with actual witness testimony. Jock Smith, law partner of Johnnie Cochran, played lead attorney-turned Supreme Court justice Thurgood Marshall. “Most of us don’t understand the importance of Brown v. Board. I don’t even think lawyers understand the impact of it,” he said. “What I got out of it was how serious the situation was then, how the kids were at risk, the sacrifices the parents made, and the compassion in the hearts of the lawyers.”

What we should all understand from Brown are the benefits of the decision. Although the case is linked to Topeka, Kansas, it actually had been consolidated to include elementary school students in four other states. With the desegregation of public schools, years of Jim Crow laws were erased, putting race relations on an entirely new level. The case proved that segregation adversely affected not only black students but whites as well. It is difficult to imagine classrooms without the rainbow of cultures that make for a nurturing environment for all. Now, years later, diversity has become the calling card of most educational institutions, and affirmative action has become a means to achievement.

On Brown‘s tenets, the civil rights movement took shape, bringing with it equality for women and other minorities. Further, the case provided downtrodden communities with everyday heroes who symbolized perseverance and hope for greater changes to come. For the next 15 years, the Supreme Court, under Warren, heard and decided civil rights cases based on Brown.

In addition to education, Brown provided a blueprint for the desegregation of places where the racial divide often runs deepest: churches, businesses, and politics. It is in these areas where multiculturalism has had the most lasting significance. Cochran, Harold Ford Jr., and even Sean “P. Diddy” Combs would not have attained prominence without Brown.

We all have reason to thank the litigants and Earl Warren, if only for opening our lives to different cultures. There will always be individuals who choose to live within a certain comfort zone, but Brown gives us the opportunity to make that decision for ourselves.

Monday marks the 50th anniversary of the Brown decision. More important, Monday marks the 50th anniversary of a new way of thinking.

Janel Davis is a Flyer staff writer.

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Opinion Viewpoint

Drastic Measures

Last week, Memphis was riveted by news that an 11-year-old girl had fabricated a story about being raped. A week before, the city was shocked by the girl’s story and her subsequent naked flight through the Cooper-Young neighborhood to find help.

After uncovering the truth, police administrators acted quickly, sending out a bulletin saying the rape allegation was “no longer [being] pursued.” The girl, who is mildly retarded, was then charged with making a false report, picked up from Peabody Elementary School, and taken into custody at Juvenile Court. Although she was soon released to her mother, the charge came as a shock to court administrators.

“To be honest, we were all a little bit surprised by the charge,” said Juvenile Court chief administrative officer June Wood. “I’ve never heard of anything like that.” The girl will undergo mandatory counseling at a private treatment facility, which is not unusual, according to Wood. “When a child this young is engaged in something like this, it would be enough to have this court step in and ask questions,” she said.

The court’s most recent annual report shows its Evaluation and Referral Unit handled 7,761 children in 2001. E&R counselors follow children during treatment, get feedback from the mental health facility, and funnel that information back to the court. They also try to discover any issues that need to be handled by law enforcement.

Why the charge? One Juvenile Court employee said the charge is a mask for a much larger problem within the juvenile mental health system: the rising cost of services. Asked if the girl was processed in order to receive treatment at the court’s expense, Wood said: “That could very well have been one of the motives. We consider that [false allegation] as just another cry for help.”

How much does such an evaluation and treatment cost? For patients referred to Charter Lakeside Behavioral Health System, outpatient care costs $398 per day. Inpatient care runs $1,440 a day. Juvenile Court maintains relationships with 61 public and private referral agencies. Providers accept various forms of insurance, including TennCare, which is the insurance carrier for many young patients in the system. But reimbursements may not cover all expenses, and clients can end up with little or no care.

“Like adult jails, with the reorganization of mental health services, mental health patients are underserved,” said Wood. “We get children who cannot or will not access services through traditional avenues that are identified and payable through TennCare. We have an increasing number of kids who have serious mental health issues, and we tend to see the kids who don’t have the resources or the variety of support systems that are necessary to sustain them.” Although Charter Lakeside accepts TennCare, some other facilities do not.

TennCare’s mental health care issues are handled and funded through the state’s Department of Mental Health and Developmental Disabilities. That department works with referral agencies. Fees for TennCare patients are negotiated with each facility, said department spokesman Tony Troiano. Brokered reimbursement amounts with TennCare are confidential.

To help young people navigate the system, Wood and the Juvenile Court have created a collaborative with the provider community: the Juvenile Justice Mental Behavioral Health Collaborative or Just Care for Kids. The court works with the Department of Children’s Services and various community agencies to manage reimbursement rates, guarantees, and specialized care.

Still there are children who fall through the cracks, said Wood: “Our most serious concerns are the working poor — those who don’t qualify for TennCare but also don’t have adequate private plans.” Wood calls them “80/20” kids, from the adage that 20 percent of the kids will use 80 percent of the resources and create 80 percent of the problems. The Peabody student could fall into this category. Not only did the student make a false rape allegation, Juvenile Court counsel said the girl had been sexually assaulted in a separate incident.

As the reimbursement system gets more complex and less accessible, more troubled youth will fail to get proper mental health care. “It’s not a large number of kids, but all of us in different agencies know these kids. We know them by name, and they are very ill,” said Wood. “There will always be kids who need longer-term intensive supervised care. We really have some needs; we have to make the services available.”

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Breach of Security

It’s bad news for one of Tennessee’s youth development centers (YDCs). Nine concerns were identified in an internal-affairs investigative report of the Woodland Hills YDC in Nashville stemming from a March escape attempt by 22 juveniles.

Woodland Hills is the only facility in Tennessee housing female juvenile offenders, including two girls from Shelby County.

The report cites concerns with security, student-to-staff ratio violations, lack of a clear crisis plan, training, and ineffective communication among staff members. The Department of Children’s Services (DCS) also released an outline for a corrective plan, which has been in development since mid-March.

The findings included a disproportionate ratio of 23 students per staff member at the facility. American Correctional Association Accreditation Standards mandates a 12-to-1 ratio. No emergency coordinator was in place during the disturbance, there was a shortage of emergency equipment such as handcuffs and protective gear, and students were allowed to assist the staff in security functions.

The uprising resulted when rumors of a malfunctioning gate spread through Woodland Hills, said DCS spokesperson Margie Maddux. The report revealed that the gate information was transmitted over hand-held radios.

During the incident, youths armed with bricks and broken mop handles made a run for the outer gates before being stopped by staff members. Maddux said the students never got outside the facility but did reach an inner courtyard. Nashville police were called in to secure the outer premises. Sixteen staff members suffered injuries ranging from minor cuts and scratches to a broken nose. Juveniles involved in the uprising were disciplined, separated, and transferred to the other three centers in the state.

DCS commissioner Viola Miller has stopped all future students assigned to the facility until the nine concerns are addressed. Ken Steverson, newly appointed executive director for Juvenile Justice Programs, will be in charge of implementing the corrective action plan, as well as possible development of a DCS tactical unit and joint training with the Nashville Police Department.

Maddux said Woodland Hills is a “Level 4” YDC but declined to call it a maximum-security facility. “This is not a correctional model and we don’t use terms like those,” she said. Youthful offenders, for example, are called “students,” not inmates. “We still try to maintain a social-services approach and provide counseling to get at the root of these kids’ problems.”

Woodland Hills houses 88 male and 24 female students, ages 12 to 19, arrested for violent offenses ranging from assault on property to rape and murder.

E-mail: jdavis@memphisflyer.com

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Taking Matters into Her Own Hands

In an inconspicuous Circuit Court case LAST Friday, plaintiff Linda Taylor did her best to prove the age-old saying that if you want something done right, you have to do it yourself.

Taylor, representing herself in Judge Karen Williams’ courtroom, received a final extension in her civil suit against her former attorney, Kevin Snider. The case stemmed from Snider’s representation of Taylor in a Chancery Court suit against Shelby County. That suit was filed against the county for violation of Taylor’s civil rights, which led to the termination of her job in 1995.

At that time, Taylor had been a speech pathologist for four years with the county-run Head Start child development program. When the Head Start director introduced a new fingerprinting requirement for background checks for employees, Taylor objected on religious grounds. She contended that the policy was instituted without a state law or child-care licensing regulation requiring fingerprinting and provided other documents proving her clear background, including a “No Wants” arrest record from the Shelby County Sheriff’s Office. Administrators disagreed with Taylor, and she was subsequently fired.

“After I lost my job I was completely affected,” Taylor said. “Many people have asked me why I don’t just give up and get another job with my credentials, but I can’t let it go.” She estimated that she has lost $262,000 in salary as a result of her 1995 termination.

“I understood where she was coming from, because my father is a minister and I understand her religious background,” said Snider. “It’s a legitimate issue. Unfortunately, the [Chancery Court] judge didn’t agree. If we had been able to have our day in court, at least we would have been in the ballgame.” That case was dismissed in 2001.

Taylor felt that she had been misrepresented by Snider and then sued him for more than $600,000.

“He didn’t do his job,” she said. “I’ve been told by other attorneys that had he had my best interests in mind I could have won my case. At that time, I had only paid him a $500 retainer fee, and I guess he thought he had done $500 worth of work.” Her complaint states that Snider “made four sentences; he then just sat down and just sat there in silence” during the Chancery Court proceedings. She also accuses Snider of presenting no case law or supporting affidavits.

After battling almost two years in court with no lawyer, Williams gave Taylor 30 days to secure legal representation and file the necessary paperwork in the case. She is trying to raise $3,000 to retain a new lawyer.

“I have no ill will at all toward her, but I disagree with why she’s upset,” said Snider. “It’s kind of like, ‘Don’t shoot the messenger.’ Would I represent her again? I don’t know. After someone sues you for a half million dollars, it’s hard to say yes, but then again, you can never say never.”

E-mail: jdavis@memphisflyer.com

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Rights of Recusal

Bishops in a church-name dispute will have to wait a little longer for a legal decision. Attorneys were notified Monday that the case had been moved from Chancellor Arnold Goldin of Chancery Court to Judge D.J. Alissandratos.

“I’ve been before Alissandratos. I think they are all good people and good judges,” said Glenwood Roane, COGIC (New Day) co-counsel, along with Kathleen Caldwell. “The problem is a basic human one. When you have one of these injunctions issued, the next judge is sometimes unlikely to change the ruling by the first judge. Right now, the injunction should have been dissolved.”

Before stepping down, Goldin had issued a temporary injunction against New Day, headed by former COGIC bishop David Grayson, for the use of the Church of God in Christ name. COGIC, headed by presiding bishop G.E. Patterson, contended that New Day’s use of the name was causing confusion for the 97-year-old mother church, which is headquartered in Memphis. New Day contends that several churches throughout the country not affiliated with the mother church use the COGIC name and have not faced legal action.

“This case has taken so many new twists and turns that we are concerned with this action,” said New Day spokesperson Patricia Rogers. “We are going to file a motion to get the case moved out of Memphis entirely. We don’t think we can get a fair trial with [COGIC’s] headquarters being here.”

Tennessee Supreme Court spokesperson Sue Allison said Goldin was within his jurisdiction to transfer the case to another courtroom. “Any judge can hear any case, and they are encouraged to try and work it out among themselves by interchange,” she said.

Roane was told by a court clerk that the remaining Chancery Court judge, Walter Evans, also recused himself from the case because his wife is a member of Patterson’s Temple of Deliverance church.

COGIC filed suit against Grayson and New Day in January. The original petition also called for the new church to return COGIC properties. In a March deposition, Patterson said that part of the petition was dropped when a COGIC historic church, Greater Harvest, voted to remain with the mother church. No depositions have been taken from any New Day parties.

“I’m okay with any judge,” said COGIC attorney Allan Wade. “Our case is our case. It doesn’t matter who the judge is.”

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Coffee Clash

A few weeks ago, local artist Erin Jennings discovered that the coffee that goes so well with cream and sugar may not be a match for her artwork.

Jennings submitted samples of her work to be displayed at Republic Coffee on Madison through May 6th. Her 90-piece show, “Photo Exhibit A,” included four series of landscapes and photography. Problems began when 40 of her graphically realistic crime-scene photos were mounted on the coffeehouse walls.

“I put my work up on Wednesday, and on Thursday, the manager disapproved of it and had half of it pulled down,” said Jennings. “On Friday, he called my business partner to come and remove the rest of it.”

Republic manager Chris Conner asked Jennings to remove the work from the business he describes as a “family-friendly environment.” Republic charges no commission on artists’ work but does require a sample portfolio before a complete exhibit is installed. Although Jennings presented six pieces to him for approval, Conner said the images of mutilated bodies, slit throats, and illegal drug use depicted in the remaining photos was never shown to him.

“The main issue is that the pictures she showed us were not even close to what was put on the walls,” said Conner. “We’re a private facility and not a publicly owned place, so the owner reserves the right to approve or disapprove any work.”

According to Jennings, she spent about $1,500 in art supplies and 80 work hours in preparation for the Republic show.

“It may have been the wrong photography for the art space, and that’s either my fault or the fault of Republic,” said Jennings. “I just wish [Conner] had paid more attention before the show went up than after.”

In a similar case, a Memphis College of Art student was allowed to reinstall her work last week after school officials objected to the art and forced her to remove it. Seven other students also participating in the show removed their work in protest.

E-mail: jdavis@memphisflyer.com