Baby Abbey
Rose Christine - Safe at Last!
by Edgar J.
Steele
October 26,
2001
Baby Abbey Rose Christine is on her
way home to Indiana with grandmother Teri Christine. There she
finally will meet her year-old sister, Olivia, who has been living with Teri
since birth.
This stunning result issued
from a Missoula courtroom yesterday following a hearing closed to the
public. In a temporary custody ruling, Missoula County District Judge Ed
McLean ruled that the best interests of Abbey would be served by placing her
with her paternal grandmother and older sister. In passing, the judge
noted that this would also be in Olivia's best interests, demonstrating a degree
of compassion that has been singularly lacking in the way that Montana has
treated the Christine family to date.
Temporary custody is the category in
which children are "parked" in foster homes while the system decides what to do
with them; generally, the children continue officially to be wards of
the state.
In a surprise ruling, Judge McLean
also awarded temporary guardianship of Abbey to Teri Christine, thereby
surrendering jurisdiction to the Indiana court in which a permanent guardianship
now will be processed. The judge's decision effectively ends the
companion case for guardianship, filed in Montana by Teri Christine after
Abbey was born. Guardianship entitles the one so designated to make all
decisions concerning the child. Temporary guardianship is often the
precursor to permanent guardianship, which requires a lengthy legal
process.
The battle for temporary custody had
been initiated the day Abbey was born by Oregon's department of Services to
Children and Families (SCF), which took the three oldest Christine girls
from Brian and Ruth Christine in Grants Pass, Oregon, over a year ago, alleging
criminal mistreatment. SCF acted through its Montana counterpart and
surrogate, Department of Family Services (DFS), in attempting to bring baby
Abbey Rose back to Oregon, to be adopted out with her oldest sisters, Bethany,
Lidia and Miriam.
Thus ended the third in a
series of grabs by Oregon's rogue SCF agency for the Christine
children. The first time, the three oldest girls were taken, amidst
allegations of child abuse and malnutrition, to be shuttled from one foster
home to another as their parents fought to reunite the family. The
allegations have never been proven.
The second grab was for Olivia, born
shortly thereafter and placed with Teri Christine in her Indiana home. A
year-long interstate legal struggle ended recently when Indiana refused to
relinquish jurisdiction over Olivia to Oregon, which pledged to adopt her out
along with the three older girls.
The third grab ended yesterday with
Judge McLean's Solomonesque ruling which rebuffed other Christine family
relatives who also sought custody at the urging of SCF, custody which would have
begun with Abbey's being handed over to Oregon officials, of
course.
Believing Oregon's actions in
seizing the three older girls over a year ago to be unlawful, the Christines at
that time refused to play ball, make admissions or undergo the
counseling required by state officials. They
refused the appointment of public defenders and represented themselves,
preferring to directly challenge the validity of the agency's, then the Oregon
court's, exercise of jurisidiction. When they finally started to
cooperate, realizing that was the only way to put their family back together,
SCF told them their children were to be adopted out anyway. That led to
the alleged kidnapping and pursuit across western America, ending in Montana,
wherefrom Brian and Ruth recently were extradited back to Oregon, to face a raft
of criminal charges for taking their own girls.

Brian and Ruth Christine with their three oldest girls in happier
times. Note the emaciated, skeletal appearance of the children,
proof of the malnourishment alleged by Oregon officials. The family
disharmony and child abuse should be apparent to even the casual eye, if
anything like what Oregon says it was.
We secured yesterday's ruling, which
I believe to be a truly just result, because the judge refused to
knuckle under to a truly herculean effort by Oregon's SCF through its surrogate,
Montana's DSF.
I am barred by Montana's
confidentiality statutes from divulging more about the hearing or the filings
made in connection with it, but was allowed to submit legal memoranda to the
court and to address the court directly, by being admitted pro hac
vice, a device by which out-of-state lawyers such as myself are allowed to
participate in the company of Montana attorneys.
We had the able assistance of
Missoula attorneys Margaret Borg, Ruth's public defender appointed for the
custody proceeding, and Jim Shockley, who prepared and filed the Guardianship
papers. We are paying Mr. Shockley for his time from the funds that many
have kindly contributed to the Christine Defense Fund. I think we
will have enough left to cover the cost of attorney fees for the
Indiana guardianship proceedings, as well, so will pay for that from the
fund since we were prepared to do so in Montana. I continue to serve
the Christines pro bono, of course.
Now we turn our attention to the
Oregon courts, where a flurry of criminal and civil actions are pending against
the Christines, including parental rights termination petitions filed in
Josephine County and criminal actions lodged in both Douglas and Josephine
counties. We have had public defenders appointed for the criminal charges and I
am being associated in as the Christines' attorney on all cases
simultaneously.
The judge in the termination
proceedings, which I answered on behalf of Brian and Ruth, has refused to
appoint public defenders because of my presence, therefore I am forced to
withdraw for the moment, so that the Christines may force such
appointment. I will then be associated back onto the cases, of
course. You may expect to receive regular reports on all these cases
from me unless and until the judges issue gag orders, which are possible, in
view of the notoriety the cases are creating.
A condition of my assuming these
cases was that I be given local legal assistance. Since offers of such has
not been forthcoming, we have been forced to
avail ourselves of public defenders. My role will continue to be the
oversight of all the cases and I will be actively involved in all of them,
of course.
Donations may be made to the Christine Defense Fund, PO Box 1255, Sagle,
Idaho 83860. Credit card donations may be made by logging on to http://www.paypal.com/ (joining is free) and
sending funds to mailto:steele@plainlawtalk.com with
"Christine Defense Fund" noted in the distribution directions.
The Christines, both devout Christians, welcome your prayers for
their family, as well.
-ed
"I didn't say it would be
easy. I just said it would be the truth."
-
Morpheus
Copyright © Edgar J. Steele, 2002
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