Hes lose appeal for Anna Mae
Parental rights remain revoked; next stop Tenn. Supreme Court
By Shirley Downing
Commercialappeal.com - Memphis, TN
November 24, 2005
Six-year-old Anna Mae He will stay with a Cordova couple who have cared for her since her birth, the Tennessee Court of Appeals ruled Wednesday.
The court ruled 2-1 to uphold a May 2004 court ruling that terminated the parental rights of Shaoqiang 'Jack' He and Qin Luo 'Casey' He, Chinese nationals who have sought the return of their first-born child for more than five years.
Jack He's attorney, David Siegel, vowed to appeal to the Tennessee Supreme Court. He said the ruling was bittersweet and he noted that one of the three judges said the Hes' parental rights should not have been terminated.
Jack He declined comment.
Larry Parrish, attorney for Jerry and Louise Baker, who have custody of Anna Mae, said he was pleased with the majority opinion. "I couldn't have asked for more," he said.
Jerry Baker said his family was "tickled to death" but was mindful of the Hes' feelings. Said Baker, "Maybe this brings us one step closer to being able to spend some time with the Hes, where we can call them and say 'meet us at the park and let the kids play.' "
In the 2004 ruling, Circuit Court Judge Robert 'Butch' Childers said it was in the best interests of Anna Mae to remain with the Bakers.
Childers suggested the Hes' efforts were designed to avoid deportation. He also declared them unfit parents, based on abandonment, and said removing Anna Mae from the Baker home would "cause substantial harm" to the girl.
Anna Mae was born in Memphis in January 1999, when the Hes faced financial and legal problems. They voluntarily placed their daughter with the Bakers when she was 3 weeks old.
After a 90-day fostering period with the Bakers, the Hes prepared to send Anna Mae to China to live with relatives. Then the Bakers agreed to keep the baby longer in what the Hes said was a temporary arrangement. The Bakers said they were supposed to keep Anna Mae until she turned 18.
In the next two years, the Hes visited more than 80 times until police were called to resolve a dispute at the Baker home on Anna Mae's birthday. The Hes said they feared arrest if they returned, so they sought help from Juvenile Court to get their daughter back.
The Hes did not visit Anna Mae for four months, or provide support, and that qualifies under Tennessee law as abandonment.
The Hes later accused the Bakers of stealing Anna Mae with the help of lawyers and the courts.
The Bakers said they rescued a baby who was not wanted by her parents. The legal battle cost them $500,000 in attorney fees, the Bakers said.
The Hes brought the case to the attention of the international media and the Chinese Embassy in Washington.
Judge Holly Kirby dissented from the majority opinion of Judges Alan Highers and David Farmer. The Hes' failure to visit in the four-month period cannot be seen as willful, Kirby wrote.
She said the Hes had visited regularly in the two years before the incident, and that they were pursuing recourse in Juvenile Court during the four-month period.
She said the Hes did not know that failure to visit could result in termination of their parental rights.
The state Supreme Court and the legislature should look at disparity in the law that requires notice of the four-month rule in state adoptions but not in private adoptions, she said.
-- Shirley Downing: 529-2387
Anna Mae He case
1998
May -- 'Jack' He travels to China for a wife, 'Casey' He, who joins him here later.
October -- A Chinese student claims He tried to rape her at the University of Memphis; He is fired from university job.
Dec. 1 -- With little income and no relatives nearby, Hes turn to Mid-South Christian Services to discuss options for help when their baby is born.
1999
Jan. 28 -- Anna Mae He born.
Feb. 24 -- Foster parents Jerry and Louise Baker agree to keep Anna Mae for 90 days.
April 27 -- Jack He charged with sexual battery in October 1998 incident.
May 23 -- Hes agree to continue temporary foster care.
June 4 -- Legal custody is transferred to the Bakers at Juvenile Court.
2000
May 3 -- Hes petition Juvenile Court for Anna Mae's return.
June 28 -- Referee Claudia Haltom denies the petition, citing lack of income and pending criminal charges.
2001
April 9 -- Hes petition to regain custody through Juvenile Court.
June 20 -- Bakers petition Chancery Court to adopt, citing abandonment and failure to provide financial support. Juvenile Court action on hold.
2002
Feb. 21 -- Jack He acquitted on the assault charge.
Sept. 23 -- Hes visit Anna Mae at a psychologist's office. It is the first time in almost three years they have seen her.
2004
Feb. 23-March 2 -- Trial before Circuit Court Judge Robert 'Butch' Childers.
April 12 -- Final arguments before Childers.
May 12 -- Childers rules; terminates Hes' parental rights.
May 19 -- Hes appeal ruling.
2005
Feb. 16 -- Tennessee Court of Appeals hears arguments.
Nov. 23 -- Court upholds Childers' ruling; David Siegel, Hes' attorney, vows to appeal.
Copyright 2005, commercialappeal.com - Memphis, TN. All Rights Reserved.
http://www.commercialappeal.com/mca/local_news/article/0,1426,MCA_437_4263602,00.html