April 27, 2023 by Nesibe Selma
LSLA’s Nacagdoches Office Helps Mother Retrieve Abducted Baby
Topic
Story of Justice
Janine, a member of the Sioux Oglala Tribe of South Dakota, was thrilled when she welcomed her baby girl, Lily, into the world. Though neither knew it yet, the first year of Lily’s life would be remembered by her mother for the worst tribulations a parent could endure.
Janine quickly fell in love with Lily’s father, Tom. He charmed Janine into a relationship with compliments and admiration. Once the honeymoon phase had worn off, however, these were replaced with frequent insults and harsh demands that slowly chipped away at Janine’s self-worth. The situation escalated to regular meltdowns and fits of anger that involved Tom yelling and throwing things at her. He reminded her often that she was nothing without him and that she was lucky he loved her so much.
Janine couldn’t bring herself to leave him and hoped their relationship would improve with time. After all, she was pregnant with their little girl, and perhaps becoming a parent would allow Tom to re-evaluate his behavior.
Unfortunately, Janine and their baby girl were not the only women in Tom’s life. Janine learned that Tom was carrying on a separate relationship with a girlfriend after a warrant was issued for his arrest following a recent domestic violence incident with the other woman. She too was on the receiving end of his violent behavior.
Two days after her daughter’s birth, however, Janine returned to Tom hoping that he’d come around and be a changed man. After being discharged from the hospital early, they visited a nearby hotel where Janine’s father worked. Once they were settled in, Tom sent Janine out to retrieve her hospital bag from the car. She made it back in a short five minutes to find that Tom had taken his things and their baby and fled. In a matter of hours, the police had been contacted, an Amber Alert request made, and a missing person report filed, but baby Lily was nowhere to be found.
The next several months were a blur of frantic phone calls, messages, and meetings. The Oglala Sioux Tribal Court granted Janine an order confirming her superior right to her child. She begged Tom to let her see her baby, but he repeatedly promised Janine would never even hold her child again.
Over the next year, Janine, with the help of the Federal BIA, Missing Persons of Minnesota, and her tribal advocate, attempted to locate baby Lily. In that time, Tom had taken baby Lily from South Dakota to California, and then to several places throughout Texas. Finally, Janine was informed they were found in Pineland, Texas, living with his mother.
Unfamiliar with Texas’ domestic relations system, Janine sought help from another legal aid organization, but because of the location of her child, her matter was referred to the Lone Star Legal Aid Nacogdoches office.
Staff Attorney Jordan Palmer was assigned the case. He recognized the urgency of the matter and immediately interviewed Janine to understand what she and baby Lily had gone through, and where they could go from here to secure her safe return. Over the next several days, Mr. Palmer contacted and coordinated with multiple agencies, including the federal Bureau of Indian Affairs, Missing Persons of Minnesota, and Janine’s tribal advocate Virginia Roy, who would be key participants in getting baby Lily back to her mother.
Mr. Palmer filed a lawsuit to enable government officers to retrieve baby Lily from Tom. Once Mr. Palmer secured the judge’s signature on the necessary writ, and officers from the Sabine County Sheriff’s office mobilized to execute the writ at the mobile home where Tom had baby Lily. Elaine Adkison, a foster mother out of Rusk County, agreed to serve as the agent to retrieve the baby from law enforcement, while Janine and her entourage of federal agents made her way from South Dakota to Texas.
Tom’s mother owned two pieces of property with nearly identical addresses, and the officers attempted to execute the writ at the wrong location. Tom’s mother watched as they searched the vacant property next door.
Fortunately, Mr. Palmer remained in almost constant contact with the officers as they executed the writ, and an officer informed him that the property was vacant. Mr. Palmer quickly reviewed the documentation to confirm that the officers were at the correct address. They were not. Mr. Palmer convinced the officers to return to the area and inspect both properties thoroughly.
When officers arrived at the mobile home of the second location, they found baby Lily and Tom’s mother inside. Tom was nowhere to be found. After a brief argument with Tom’s mother about the officer’s right to take possession of baby Lily, she reluctantly handed her over, and the baby was placed in temporary care until next day, when Janine and her federal agency escorts, arrived at our Nacogdoches Office to be reunited with baby Lily.
We are proud to have helped the BIA, Missing Persons of Minnesota, and the Sioux Oglala Tribe of South Dakota reunite Janine with her daughter.
Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm focused on advocacy for low-income and underserved populations by providing free legal education, advice, and representation. LSLA serves millions of people at 125% of federal poverty guidelines, who live in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties in Southwest Arkansas. LSLA focuses its resources on maintaining, enhancing, and protecting income and economic stability; preserving housing; improving outcomes for children; establishing and sustaining family safety, stability, health, and wellbeing; and assisting populations with special vulnerabilities, like those with disabilities, the aging, survivors of crime and disasters, the unemployed and underemployed, the unhoused, those with limited English language skills, and the LGBTQIA+ community. To learn more about Lone Star Legal Aid, visit our website at www.LoneStarLegal.org.
Media contact: media@lonestarlegal.org
