May 14, 2004
OCA Deeply Upset over Memphis Child Custody Case

Organization of Chinese Americans ((OCA) - http://www.ocanatl.org
Contact Person: Janelle Hu - (202) 223-5500 | oca@ocanatl.org

(May 14, 2004, Washington, DC) - The Organization of Chinese Americans (OCA), a national Asian Pacific American (APA) civil rights advocacy and educational organization with over 80 chapters and affiliates nationwide, is deeply troubled at the lack of sensitivity heeded to the Chinese immigrant community in the recent child custody case involving the He family. 

Due to economic and legal hardship, Mr. and Mrs. He were forced in 1998 to place their daughter, Anna Mae He, in foster services, believing they were only relinquishing temporary custody of Anna Mae until they regained their financial and legal bearings. Over the next two years, the Hes regularly vigilantly visited Anna Mae and diligently worked at local Chinese restaurants to get back on their feet. 

However, after protracted custody battles and a court order preventing the Hes from seeing Anna Mae, the Hes were accused of legally abandoning their daughter, giving Anna's foster family grounds for terminating the Hes' parental rights. 

The Hes have been embroiled in this complicated legal battle to regain custody of Anna Mae for over four years. Now parents to two additional children, the Hes have never been charged with abuse or neglect and their continued fight to regain custody of Anna Mae evidences they have not willfully abandoned their eldest daughter. 

Nevertheless, a Tennessee judge stripped Mr. and Mrs. Hes' parental rights over Anna Mae, thus prolonging this excruciating custody battle, which has taken center stage in the Memphis community. 

"OCA is alarmed about the possible racial bias, cultural insensitivity and lack of impartiality in this case. We are also deeply concerned that the initial degree of interpretation services provided the Hes were inadequate," stated OCA National President, Raymond Wong. "Furthermore, OCA is upset that the court may have disregarded the Constitutional presumption of reunification with biological parents based on inappropriate stereotyping of the Chinese culture." 

"The APIA community is closely monitoring these proceedings and formulating teams of legal and community supporters to determine if injustice actually transpired, and if so, what the next steps will be," stated Christine Chen, OCA Executive Director. "The Chinese American community in Memphis have been following the case closely, and are seriously concerned about the fairness of these proceedings. Ultimately, OCA hopes Anna Mae's best interests are being considered as the Hes and Bakers enter the next phase of the appeal process."