It doesn’t matter where in the world you come from, as a parent, you have the right to maintain a relationship with your son or daughter unless a serious threat of harm exists. Cases where parental rights can be terminated should be handled with the utmost discretion. Mothers and fathers should have ample opportunity to demonstrate that they can be responsible caregivers, regardless of the specific language they speak.
When New York City’s Administration for Children’s Services (ACS) investigated a father, referred to in court papers as Mr. Z., they used a Mandarin interpreter in an attempt to communicate with him. However, Mr. Z. speaks a distinctly different Chinese language, Fuzhou. Already dealing with a disabled wife and the challenges associated with raising a child, he was forced to face the complex child welfare system in an unfamiliar language.
Eventually, ACS concluded that Mr. Z and his wife could not adequately care for their child. He appealed this decision, with the matter reaching the state’s highest court. In an important decision for father’s rights and New Yorkers who speak a different language, the Court of Appeals granted him leave to appeal the termination of his parental rights. The judges apparently recognized that a further review is warranted to determine whether a child was taken away from their home due to incompetence or illegal discrimination.
This case also raises broader questions regarding the treatment of disabilities within the system. Employees purportedly working to protect children should have a thorough understanding of a disabled parent’s support system before making judgments about a youth’s welfare. Families should not be penalized based on perceived capabilities, especially when authorities don’t grasp what is happening in a particular home on a day-to-day basis.
All parents deserve the opportunity to communicate effectively and receive a fair assessment based on accurate, culturally-sensitive information. Comprehensive language access policies might be necessary to ensure that every parent has the same opportunity to defend themselves.
Bryan L. Salamone & Associates, P.C. represents clients across Nassau and Suffolk counties in a wide range of New York family law matters. Whether you’re seeking a divorce, are involved a child custody conflict or facing potential termination of your parental rights, you can reach out to us by calling 631-388-6009 or contacting us online.