The average parent
should be treated with the same reasonable consideration as this
Juvenile Court Judge was treated. When the safety of the AVERAGE CHILD of
the AVERAGE FAMILY/PARENT can be ensured, the child SHOULD be spared the
unnecessary trauma of being placed in foster care.
~Family Rights West Virginia
Judge: 'I, of all people, should have known better'
Statement from Nina Hickson, chief
judge of the Juvenile Court of Fulton County, on the Nov 29 incident:
Without reservation and with a great deal of pain and regret, I admit I made
a mistake. And I am sorry. I, of all people, should have known better.
Under no circumstances should I have left my 4 year-old daughter alone at
home, even for a moment, without adult supervision. I love my daughter deeply.
Each day since the incident, I thank God she is safe. I also thank God for
her continued presence in my life. Her presence in my life has touched me,
and made a difference. After all, I wanted to be a mother long before I wanted
to be a judge.
When reporters from the newspaper called for my comment on the story, I refused
to elaborate citing the confidential and personal nature of most child protection
matters, which I thought included my daughter as well. But since Wesley's
full name and age have already been reported, I don't think it's inappropriate
of me to disseminate an accurate account of the events that is the subject
of this matter.
On the evening of Saturday, November 29, 2003, my four-year-old daughter
and I traveled from Baltimore-Washington Airport to Hartsfield-Jackson Airport.
We got home around 10:45 p.m. after waiting about an hour for our luggage.
Once home, I realized that I had left a piece of luggage at the airport,
which contained some personal items including medication. Because we had
just had an exhausting airplane ride, my daughter was cranky and irritable,
so I decided to wait until she fell asleep and dashed to the airport (less
than a 15-minute drive) to pick up the bag. When I returned home, the front
door was open and I couldn't find my daughter.
After searching the house, both inside and out, I called the Atlanta Police
Department to report that my child was missing. While I waited for the officers
to arrive, I noticed two East Point police cars parked at the intersection
of Hogan Road and The Fontainebleu. I walked to the cars to ask whether they
had seen a little girl, I then saw my daughter sitting in the police car.
I joined her in the police car where a report was taken. I waited several
minutes until officers from the Atlanta Police Department arrived. My daughter
and I remained in the Atlanta Police car while a report was taken and several
phone calls were made, including a telephone call to the Department of Family
and Children Services (DFACS). My daughter and I returned home at approximately
3 a.m. Later that Sunday afternoon, I had a locksmith come to my home to
repair the door lock, which was malfunctioning on the front door.
On Monday morning, December 1, 2003, I contacted the Deputy Administrator
of Fulton County Department of Family and Children Services to inform her
that the referral was coming. The matter was referred to the state Special
Investigations Unit of DFACS because of my constant interaction with employees
in Fulton County as well as DFACS's policy of referring potentially high
profile cases to this unit. The state investigator contacted me Monday afternoon
and scheduled a 7 p.m. appointment to interview my daughter and me and to
inspect my home. During the interview, in which I fully cooperated, I was
informed of the DFACS policy that required a finding of neglect whenever
a child 8 years old or younger is left alone regardless of the circumstances.
I also willingly entered into a Safety Plan with DFACS. Furthermore, without
hesitation, I provided the investigator with evidence that the lock had been
repaired, the names and telephone numbers of neighbors, babysitters, the
pediatrician, Pre-K teachers and other significant adults in my daughter's
life. That evening the investigator attempted to interview my daughter outside
of my presence, but because she would not awaken, he informed me that he
would interview her at her school the next day, which was fine with me.
On Tuesday, December 2, 2003, the investigator went to my daughter's school
where he interviewed her and her teachers. He also interviewed one of her
babysitters and one of her neighbors with whom my daughter has frequent contact.
He also interviewed my daughter's pediatrician and did a review of her medical
records.
I called the investigator on Friday, December 5, 2003 to see whether it would
be all right for me to take my daughter to Maryland to spend some time with
my mother. The investigator told me that it would not be a problem for my
daughter to travel with me out of the state. He also told me that he had
concluded the investigation and he was awaiting his supervisor's signature
on the report. He informed me that a finding of neglect was substantiated
because I had left a child under 8 years old alone. But he also said that
he was recommending that the case be closed because I had taken steps to
prevent the situation form recurring. I received a letter to this effect
from the investigator on December 13, 2003.
With the exception of the breach of my daughter's confidentially (which
I believe did not emanate from either the child advocate community or DFACS),
I want to thank everyone who has been involved in this investigation. They
have all performed in an exemplary and professional manner. I want to give
a special thanks to Mr. Arthur Conley who picked up my wandering child and
kept her safe until the police and I could arrive. There are some very good
people in the world, and he is one of them.
If I could turn back time I would, and this would have never happened. I
would have wrapped my daughter up in a blanket and taken her to the airport
with me, or waited until the next day to go there or had the bag delivered
to the house.
While this incident was a personal failing, it in no way reflects my lack
of concern or commitment to my child or the children and families, which appear
before me in Court. If it has any impact on my judicial performance, it has
afforded me an even greater appreciation for the plight of parents, a deeper
understanding of and compassion for the mistakes which parents make in doing
the best they can to rear their children.
There are only a handful of things worth breaking one's neck to have. Today
I know that a missing suitcase is not one of them. But my daughter is.
Sincerely,
[Signature]
Nina R. Hickson
http://www.ajc.com/metro/content/metro/atlanta/0104/06statement.html