National Legal and Policy Center -- Legal Services Accountability Project
 
LSAP REPORT
 
Issue # 90 -- November 22, 1999


Legal Services...Protecting The Children???

In lobbying Congress for taxpayer funding increases every year, the Legal Services Corporation claims that legal aid programs receiving federal money provide help for underprivileged children.  The cases below call into question just what kind of “help” these groups are really providing.

Legal Services Argues Child Custody For Psychotic Mother
In an outrageous case, the Appalachian Research and Defense Fund of West Virginia pursued a child custody case on behalf of Diana M.E., a dangerously psychotic woman, all the way to West Virginia’s highest court.  According to the state Supreme Court of Appeals, a doctor had reported that Diana “has had multiple suicide attempts and once attempted to kill her children by strangling them.  She maintains a historical diagnosis of Paranoid Schizophrenia.”  At one point, Diana apparently turned on the gas in her house while her ex-husband and children were present in an attempt to kill the entire family.  Not surprisingly, the Supreme Court of Appeals upheld the decision of the lower court granting custody of the children to their father.  Legal Services has claimed publicly to be acting to help children in need, but it is impossible to figure how Legal Service’s actions in this case benefitted the children involved.

See Kevin S.E., Sr. v. Diana M.E., 1999 W.Va. LEXIS 68 (W.Va. July 12, 1999).

Legal Services Weighs In Against Circumcision
Ocean/Monmouth Legal Services of New Jersey is arguing in state court against the father who wishes to have his son circumcised.  The father, Todd Hollander, who is Jewish, wants his son Andrew circumcised so that the son may participate in the Jewish faith.  The child’s mother, represented in court by Legal Services, is not Jewish and claims in the media that the circumcision procedure is “completely barbaric.”  Legal Services is arguing in court that, because she has custody of Andrew, the mother may choose whether Andrew is circumcised, even though not doing so would likely make it more difficult in the future for Andrew to practice the faith of his father’s family.  Although Legal Services handles many cases involving family disputes, this case is troubling since it appears that Legal Services is involved in an effort to lock the father of a child out of passing on his faith and traditions to his child.

See Steve Strunsky, “Religion, Law and Health Vie In Dispute Over Circumcision,” New York Times, May 16, 1999.

Neglectful Mother Gets Child Custody With Legal Services Help
Thanks to the assistance of the Legal Services Corporation of Iowa, and ultimately the federal taxpayers who support this program, Beverly Miller, who has a history of neglecting the needs of her children, was able to recover custody of two of her children from concerned in-laws who had been taking care of them.  Prior to Miller’s separation from the childrens’ father, when the children visited the in-laws, they testified that “[i]t was necessary to clean [the children], give them new haircuts, replace unclean and tattered clothes, and provide new shoes that were the right size.  One summer, Tyler’s boots had to be cut off.”  During the custody proceedings, evidence was provided of drug and alcohol abuse by both parents, as well as times when their household in Colorado had no electricity or running water.  The Iowa court hearing the case had awarded custody to the in-laws, but Legal Services was able to challenge this ruling on appeal on jurisdictional grounds, since both Miller and the childrens’ father live in Colorado and Colorado courts had intervened previously in this case.  In other words, Legal Services argued a technicality over the apparent best interest of the children.

See In The Matter of T.H. and TH., 589 N.W.2d 67 (Iowa, 1999)



Email NLPC

LSAP Report Issue Index

Legal Services Accountability Project

NLPC Home Page