Some of you, especially my child protection peeps, are probably wondering what happened with Kenia. Well unfortunately it wasn't the result that I, and for sure Kenia, had hoped for.
I busted my butt to get to the project early so I wouldn't miss Thelma as the plan was to go at 8:15 right after her meeting. On a beautiful morning, with the sun shining and trees abloom with the start of summer, on the way I ran into one of the guys from the shelter, Walter, who always goes out of his way to greet me. I typically see him early morning standing in front of a medical clinic waiting to wash cars, which is how he supports himself. Around this time the area is bustling with women cooking in their portable food stalls, people eating breakfast or waiting to get into the clinic.
What impresses me about Walter (who is 20) is that he just started school in the evening. Despite staying in a shelter 3 nights a week, and sleeping on the street the other nights, he has the motivation to go to school in hopes of having a better future. What is even more impressive is that he hasn't gone to school since he was a young boy, so is starting from square one, elementary school. He is currently in grade 6. That must be hard to take for a man his age, but he seems determined. I sat and chatted with him one day during which he told me that as a kid he didn't like school, and that at the age of 9 he got a job being an "ayudante" (helper) on one of the chicken buses. After some time he was able to drive the bus! Geez Louise, no wonder there are so many accidents if kids are driving here! It sounds like he and his family are estranged as he doesn't live with them despite them being in Antigua. His silence when I asked about his family tells me a lot, as do the battle scars on his face. Despite that, he takes very good care of himself physically, and if he could control his drinking (which I've heard is an issue for him), perhaps he really could have a better life.
Sorry for digressing...so I arrived early and Kenia wasn't there yet, which got me worried that she wasn't going to come. But she did, on time even, and greeted me with a big hug. Thelma eventually arrived as well after which we went to meet with a man who I later found out was a lawyer who works with the project (Nuestros Ahijados). He assists in cases where children are brought to Casa Jackson for malnutrition issues and as well, on human trafficking cases, as there is an agency affiliated with the project that focuses on that issue. I had hoped to work with that agency but unfortunately they don't take volunteers due to the sensitive nature of the cases they work with.
Thelma ended up ditching us as she had something else to do, and that left me terrified, that I would be on my own to try and understand what was going on and figure out what Kenia needed to do. So me with and my developing Spanish skills were left to meet with this guy.
He asked Kenia some basic questions after which he read from the report written following the removal of the children (for my CFS peeps, it would be like Long Form Particulars haha). Kenia seemed shocked by what was written, which was that she had abandoned the children in the market. On top of that there were allegations of physical abuse. She didn't understand the meaning of the physical abuse reference and that, combined with her shock at the details of the report, got me thinking that perhaps she is illiterate as otherwise she would have previously read what was said as she had her own copy. I had previously asked her if she could read, and she said she could. She also said that she signed a statement after the kids' removal as she trusted the organization (PGN) as well as the law. Now I am not so sure she can read and think that she may just be too ashamed to admit that she can't.
Regardless, Kenia adamantly denied the abuse allegations, and in regards to abandonment, explained that she had left the kids in the market for 1.5 hours while she walked around asking for money. She explained that she left them so they didn't have to walk with her and seemed genuinely surprised to hear about the various risks to children that are left alone, which the lawyer shared with her.
The lawyer was pretty direct with her but said he was asking her tough questions not to judge her, but rather to be able to give her the best advice. He asked about her origin, family, the fathers, whether she drank, used drugs, prostituted etc. It turns out that the father of the oldest 2 abandoned them and now lives in Houston, Texas. The father of my little mono is in Guatemala but is a drinker and provides no support.
Interestingly enough the laws on child support are pretty tough in Guatemala and fathers are sent to jail if they don't provide for their children. So one good thing that could come out of this situation is that someone could help initiate the process of getting Kenia some support for the children. But sadly in the meantime it is the single mother who is being punished for not being able to provide for her children.
The way Kenia answered the prostitution question made me wonder whether it may have been apart of her history, or current situation. Given her circumstances I could certainly see her resorting to it. I'm pretty sure the lawyer thought the same, but he didn't press her. I asked Kenia again when we were alone, and tried to validate the fact that women often do resort to prostitution when they are without options. But she denied it again.
What the lawyer then shared knocked the wind out of both of us I'm sure. The report stated that there would be no court hearing for the children until August (ironically on my birthday), and that in the meantime the organization that took the children, the PGN (basically CFS), would monitor the children and assess them medically, psychologically etc. to determine whether they had been maltreated. At the hearing Kenia would have to prove that she was not abusive nor neglectful, and as well that she had the ongoing means to support her 3 children.
The lawyer suggested that she gather all of the necessary documents and information first (a complicating factor is that Kenia is Nicaraguan while her children are Guatemalan). Secondly, he suggested that she go speak with the PGN to get a copy of what she signed in order to understand the case against her, and to be able to demonstrate that she had addressed the issues which led to their removal. Very similar to Canada.
He further explained that once she was ready she would need to meet with the judge to request an earlier hearing, and as well to request visits. Have I mentioned that she has already tried to meet with the judge 3 times without success? So clearly the process is not easy here.
We left that meeting stunned and dejected but continued on to the PGN in Central Park. Their location is really ironic to me as it is smack dab in the center of where the majority of the children of Antigua are working, which is technically against the law. You see little kids as young as probably 6, shining shoes, selling gum, scarves..anything. I'm not suggesting that there was no justification for Kenia's children to be removed, but there is a much bigger problem in Guatemala when it comes to child labour/neglect, which doesn't seem to be getting the same kind of attention.
Anyway, we show up at this very official office and luckily were able to meet with the social worker right away. This woman was very official, with a very intimidating presence, no smile and very direct. I myself was intimidated by her so can't imagine how Kenia felt. Before the two started talking I introduced myself and included that I did child protection work in Canada, but it was obvious that this clearly didn't impress the woman.
This "social worker" proceeded to shut down Kenia real quick. She didn't have an interest in hearing about the circumstances of the removal or what Kenia had been doing since. She simply relayed that she had no power to do anything, and that Kenia needed to go meet with the judge, and if she received an order from the judge to investigate further, then she would. Nothing would happen without the judge's order. In terms of visitation, she said that parents could only visit once a month at the hogar (kids home) and that each hogar had a different schedule. Kenia would need permission from the judge before she could go. The risk here was that if the set visiting day was at the first of the month, and she didn't yet have permission, then she would have to wait yet another month to see her kids. Probably more significant though, is that the children would have to wait to see their mother another month, and I can only imagine what they are thinking not seeing her for so long.
Not having very good social work skills, the woman talked over Kenia, more interested in getting HER points across. An example of what not to do as a social worker basically. Kenia tried to get her to listen, and even sssh'ed her at one point! That kinda made me cringe as I knew it wasn't going to go over well. But, I would rather see her be bold and assertive rather than have her sit passively and just take what comes without question. She clearly wants her children back.
It was obvious to me that if this woman is Kenia's ongoing social worker, that even if the judge orders the PGN to investigate her situation, that it is not going to be easy for Kenia to prove that she is able to care for her children.
After we left the PGN Kenia was focused on gathering what she needed in order to see the judge, such as the kids' original birth certificates. So she and I went to the registration office and I helped her get them, although she ended up without one as she couldn't remember her oldest daughter's date of birth. That may seem really strange to you as birthdays are such a big thing for us, but birthdays don't have the same significance here, most certainly for those living in poverty. Many people have come to the shelter and not been able to answer when asked for their date of birth. It's sad to me that there are people who will never experience the excitement of celebrating a birthday; having a cake, party, anything..even just hearing Happy Birthday (well here it would be Feliz Cumpleanos). But again, our reality is not that of millions of people in this world.
I left Kenia to continue doing what she needed to do and asked that she call me next week or come by the shelter with an update.
That day I was feeling positive that Kenia had a pretty good shot at proving her case. She had a job doing housework for a woman (earning 1000 quetzales per month or about $130) and was able to live with her for free as well. But afterwards Thelma explained that according to the law, her earnings would not be considered sufficient, and neither would living with her boss. She would need to get a second job, find a place to live, and enrol the children in school/nursery while she worked. My Spanish teacher also informed me that typically there are a series of hearings, meaning not just the one planned for August, and that Kenia will have to prove over a period of time that she not only has what the children need, but that she can maintain it as well. It will involve monitoring by the PGN before they return. Now in principal this isn't a lot different than the system I work within in Winnipeg, but the delay in process, and with the parents having almost no rights in terms of visitation, information etc, I would say parents in Canada are much much better off. Especially with the great social workers I work with. Anyone like that witch would be weeded out reaaaaal quick :)