Woman Who Couldn’t Speak English Regains Child Custody

February 23, 2010

Shelia Byrd writes for the Associated Press:

A Mexican immigrant walked out of the Mississippi Supreme Court on Friday holding the daughter who had been taken from her by state officials in 2008, when advocates say she was accused of being an unfit mother because she doesn’t speak English.

Cirila Balthazar Cruz and her 1-year-old child, Ruby, were surrounded by Southern Poverty Law Center officials as they left the court. None of them would discuss details of the case, citing the confidentiality of Youth Court proceedings.

Because the records in the case are sealed, it is unclear what rationale the state used to take custody of the child. However, immigrant advocates have said the child was taken because Cruz was an illegal immigrant and did not speak English.

“This is a very happy day for us,” SPLC legal director Mary Bauer told The Associated Press. “That is her baby.”

Friday’s proceeding before Special Judge Billy Bridges may not be the end of the case, which has led to a memorandum of understanding between Mississippi and the Mexican government and drawn the attention of immigration advocates nationwide.

“This is a fight that we are willing to take on beyond today, but we are absolutely not permitted to talk to you and no one thinks that’s a shame more than we do,” said Bauer. “This is certainly not the end of that.”

The main issue appears to be whether Mississippi acted appropriately when it took custody of Ruby.

When Cruz showed up at Singing River Hospital in Jackson County to give birth in November 2008, she didn’t speak English or Spanish. The only language she knew was Chatino, a dialect indigenous to Oaxaca in rural Mexico.

Cruz was interviewed by an interpreter at the hospital who spoke Spanish, but not Chatino. The Mississippi Department of Human Services was contacted and the agency took custody of Cruz’ newborn after determining she lacked the means to take care of the child.