by Jeffery M. Leving and Glenn Sacks
In the heartbreaking Melinda Smith case, a San Diego father and daughter were needlessly separated by the foster care system for over a decade. Last week, Los Angeles County settled a lawsuit over the case for an undisclosed sum. Yet a recent Urban Institute study found that the Smith case typifies the way the foster care system harms children by disregarding the loving bonds they share with their fathers.
Smith was born to an unwed couple in 1988. Her father, Thomas Marion Smith, a former Marine and a decorated Vietnam War veteran, saw Melinda often and paid child support. When the girl was four, her mother abruptly moved without leaving a forwarding address. Two years later, Los Angeles County Department of Children and Family Services found that Melinda’s mother was abusing her. Though the social worker for the case noted in the file that Thomas was the father, he was never contacted, and his then 6-year-old daughter was placed in the foster care system.
Thomas–whose fitness as a father was never impugned nor legally questioned–continued to receive and pay his child support bills. Authorities refused to disclose his daughter’s whereabouts, and didn’t even inform him that his daughter had been taken by the County. Smith employed private investigators and attorneys to try to find Melinda and secure visitation rights, but he eventually ran out of money.
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