The Mudcat Café TM
Thread #51840   Message #792581
Posted By: SharonA
27-Sep-02 - 04:03 PM
Thread Name: BS: Traveller Discrimination in USA - Part 2
Subject: RE: BS: Traveller Discrimination in USA - Part 2
Ron: On the other hand, I don't think it's wise to refuse to use the media as a source of information, nor do I think there's anything wrong with exchanging views in a forum such as this one. Ignoring the problem of sensationalism in the media won't make it go away, but observing the sensationalism doesn't necessarily mean that one is caught up in it or that one is "to blame" for its existence. Better to be informed about misdeeds of the media in order to effectively speak out against them, eh?

-------------------------------

A while ago, Kat said, " 'Charles Smith, director of the St. Joseph County Office of Family and Children, said the fact the family is part of the Irish Travelers will play a role in whether other family members get temporary custody of the girl – and whether the Toogoods regain custody.' And, that's not discrimination?"

I have to say that I don't think it is. Here's why: the county authorities are aware of the migratory habits of the clan to which Toogood belongs, and I'm sure their concern is that the little girl be living in a situation that can be monitored to assure that she will not be abused or assaulted again. I'm sure there are laws in Indiana to the effect that the child's living situation must be monitored pending investigation of charges against her parent or guardian. This, of course, is difficult to do when the clan moves from state to state. If Martha were released into the custody of family members, I'm sure those family members would have to agree to remain in the county for the duration of the term of custody, which would go against their custom.

There's also the fact that at least some family members have already proven to be uncooperative with authorities with regard to releasing information about the child's whereabouts and condition, supposedly because of the clan's protectiveness of its private affairs. I think the authorities are concerned that the same uncooperative spirit might present itself if they tried to legally monitor the child's safety in the home of a member of the clan.

Then there's the fact that Toogood had already proven herself to be a flight risk when she left Texas, using her migration with her clan to avoid two outstanding warrants for her arrest there. Quite obviously, no one in the clan who knew of these warrants was willing to report Toogood to authorities for extradition to Texas. The child-protective services in Indiana are understandably concerned about Martha being in a family situation where disregard of warrants for arrest is the norm. If Martha were to be released into the custody of one of the families in the clan, the authorities would want to be sure that it was a family of law-abiding clan members who would not be influenced by those without regard for the law, so some investigation would have to be done beforehand.

Whether the Toogoods themselves regain permanent custody would depend on Madelyn's willingness to stop using the clan to hide from the law and her husband's willingness to stop using the clan to hide his wife from the law. The husband himself admits having some unspecified run-ins with the law when he was younger but claims to have mended his ways, yet he was still willing to take his wife with him from Texas to travel with the clan and let warrants be issued for her arrest, rather than stay in Texas with her and have her face the charges against her. The authorities are understandably concerned that the little girl, if she continued to live with them, would be influenced by similar clan pressure to travel out of state rather than stay with family members in-state while they have their day in court.

None of this has to do with prejudice but with the behavior of this family and clan in their previous dealings with the law, just as any family's history is examined in a custody placement. I don't see anything prejudicial about concern by legal authorities that the law be respected and followed. Note that Mr. Smith was quoted as saying that the family's association with the Irish Travelers would play a role in the county office's decisions about custody of Martha, not that it would be the overriding factor in those decisions.