Baby law lacks funding, awareness

Donna Leavitt and her husband always wanted to have a big family through adoption. Soon, their hopes of expanding their family would come true.

It has been almost three years since two-year-old Tessa Leavitt was voluntarily surrendered by her biological mother at the Los Angeles County fire station 15 in Whittier.

Tessa’s mother gave birth to her on June 18, 2005. But for reasons unknown her mother took advantage of the safely surrender baby law and handed Tessa over to the firehouse. A few days later, Leavitt and her husband adopted Tessa.

The Safe Surrender Baby Law passed in 2001 has created mixed feelings around the state about its impact. Also, an April report from the California State Auditor showed there was a lack of information and erroneous numbers with very little public awareness.

Former state Sen. Jim Brulte, R-Los Angeles, authored the original surrender baby law to protect and decrease the number of babies being abandoned or who end up dead. The law allows the parent or legal guardian to surrender his or her baby confidentially without the fear of arrest and prosecution for child abandonment.

"I mean, a child deserves to be loved, not murdered," he said.

The Leavitt family said the adoption has been a blessing.

“I love her biological mother for being so brave to safely surrender her than abandoning her in dumpsters like other desperate mothers would do,” Leavitt said.

Parents can safely surrender their babies who are three days old or younger at designated safe places, like firehouses, or any hospitals. Both the parent and the child receive a bracelet for 14 days in case the parent reconsiders reclaiming the child. The baby is then taken to the hospital for a medical check and treatment.

Child Protective Services then places the baby in a foster or pre-adoptive home.

Founder and director of nonprofit organization Garden of Angels, Debi Faris urged Brulte to create the law in 1999 after burying dozens of abandoned babies. Brulte said there was no entity in the city, state or federal government to track any data. The data was difficult to gather, but Faris and Brulte said they saw more and more media coverage on babies being abandoned.

“While most parents are loving and took care of their children, we saw an increase in abandonment,” Brulte said. “So we tried to figure out what we could do to prevent this.”

The Department of Social Services said surrendered babies are on the rise while the number of abandoned babies are decreasing. The department data shows 30 babies were found abandoned and alive in 2001 compared to 17 in 2004.

However, the audit also revealed several county child protective services have incorrectly classified 77 babies as surrendered. The miscalculation of surrendered and abandoned babies has resulted in inaccurate statistics.

Violations of the law were also under scrutiny in the audit.

Erroneous guidance from the department has caused about 10 percent of cases where parents gave out too much information. Some instructions on the voluntary questionnaire states personnel can fill out the name of the mother if she verbally said it, according to the audit.

Adoptee organizations such as Bastard Nation and Concerned United Birth Parents oppose the safe surrender law saying it’s sending a message that it’s OK to give up your child.

“It derives the ability to know who they (the babies) are,” said regional director Sarah Verns from Concerned United Birth Parents.

The adoptees protest because the law does not enable them to know their origin and lineage since parents who voluntarily surrender their babies may remain anonymous.

Cynthia Thornton, a Sacramento resident, said tracing back your lineage allows you to feel more complete.

"Knowing where you came from may help you embrace your real culture as well," she said.

Verns said people are not aware of the harm this bill could do.

“If people genuinely cared, they would want to take care of the baby and the mother,” Verns said.

Faris, however, argues that the law is not harmful.

“If there is no safe surrender law and the baby was dumped and died, then the person will be charged with murder, either first or second degree,” she said.

Faris said she met some young women who abandoned their babies in dumpsters. The police tracked down the mothers who are now in prison.

“It cannot be quiet,” Faris said. “People need to know, especially students that babies are not to be abandoned.”

Faris said some safe surrender sites teach students in school about the law and tell them to create a safety net for children.

Project Cuddle, an Orange County based organization, provides information to teach mothers and soon-to-be mothers how to care for their children. It also provides medical, clothes and basic needs that mothers are unable to afford. If the mother is still unable to care for the child, then Project Cuddle will use the law and place the child into adoption care.

Folsom resident Aaron Shook said he believes the law gives children a better opportunity to experience life.

“It’s a great law,” Shook said. “It protects the well being of a child. If the mom can’t provide but keeps the child, it can hurt the child and hurt society.”

Faris said not only does the law save the lives of babies, but also the lives of parents too. While the babies are saved and placed in foster homes, parents can continue with their lives without the burden of being unable to care for their children.

“It’s the most wonderful thing that they can do for a child,” she said.

However, Project Cuddle does not use the law as its first priority.

“We do not encourage mothers to safely surrender their children or use the law as alternatives,” said assistant administrator Michelle Landin from Project Cuddle. “We are here to help them and encourage those who are in their pregnancy.”

These organizations encourage mothers to care for their children but it is not enough to raise awareness about baby abandonment.

The audit states there is no state agency to promote and oversee the law resulting in ineffective public awareness campaigns. The audit also said the state agency had inaccurate information on the laws impact since it only reported to the legislature in 2003 and 2005.

The Department of Social Services spent a total of $100 in 2006 through 2007 for raising awareness whereas $85,200 was funded for printing distribution. The audit shows the state and federal government has not funded the program consistently over the years, referring to two vetoes by both Gov. Schwarzenegger and former Gov. Gray Davis.

Firefighter Randy Thompson from Sacramento fire station 4 said since the law has passed, only two babies have been safely surrendered at their station.

“I don’t think it has happened enough to really create some historical data,” he said.

But the law has created historic change for the Leavitt family. Leavitt said Tessa has become beloved to the family and adored by the community.

“It’s a grateful feeling,” Leavitt said.

Babies Surrendered Under Safe Surrender Baby Law 2001-2007

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Juvenile programs on the chopping block

San Mateo County Juvenile Division Director Tony Orazem knows it will be a difficult road ahead for his department if Governor Schwarzenegger signs the budget.

This is because there are 13 programs in San Mateo County funded by Juvenile Probation and Camps program grants. However, with a simple signature from the governor, that could all change.

“A lot of these (programs) will be impacted and some of these with a 10 percent cut may not be able to survive,” Orazem said.

The Juvenile Probation and Camps programs are one of the many parts of the Corrections and Rehabilitation budget on the chopping block. In 2005, Gov. Arnold Schwarzenegger signed AB 139 allocating funds to all 58 California counties to support county probation services targeting at-risk youth, juvenile offenders and families of those youth. Funding for these programs would be cut by 10 percent across the board—averaging more than $20 million in cuts.

Orazem said he feels these programs are crucial for juveniles who are at risk of offending.

The programs provide services to about 5,600 juveniles, he said. These services include counseling, parenting programs, youth enrichment programs, bilingual services and mental health services. The probation camps programs also work closely with the local boys and girls clubs, he said.

Orazem said all the programs the San Mateo department offers have been proven successful.

“There’s been a 79 percent completion for Camp Glenwood,” he said. “That’s pretty high.”

Orazem said if you have $10,000 program and you cut part of the funding, those juveniles will not get services.

However, Department of Corrections and Rehabilitation press secretary Seth Unger disagrees.

He said some of these programs may have to cut back services and juveniles will be able to find help elsewhere.

“There are still programs underway,” Unger said. “All that will continue.”

However, Unger is not specific about what programs are in the making. He said the state still feels a deep significance to have these programs at the local level but at the same time two California juvenile facilities are already closing because of low enrollment.

Josie Slonski, public information officer for the El Paso De Robles juvenile facility, said the population in that facility has declined in the last months. El Paso De Robles is funded by the Juvenile Probation and Camps program.

Slonski said the facility have been transferring juveniles and employees to different camps weekly to prepare for the close. Slonski says there will be layoffs as a result of the facility closing.

The 20-month early release of inmates, who are non-serious, non-violent and non-sex offenders, results in more than 4,000 layoffs, Unger said. The layoffs stem from a declining population of “wards” or juvenile inmates that occupy these facilities.

Unger said 70 percent of the corrections budget comes from the salaries of employees. The state would need to layoff employees to achieve savings.

“In this budget crisis, we have to make some cuts,” Unger said.

Other huge cuts include the governor’s proposed idea of summary parole where non-serious offenders will have minimal parole that involves no active supervision. Unger said this will also save the department $97.9 million in the future.

Orazem said their division is getting ready for potential slashes. He said they have been holding meetings to figure out how to allocate sources and make the hard calls. However, they have not made a decision.

“We’ve pretty much been operating as frugal as we can,” he said. “There’s not much else that we can cut.

He also said there is nowhere for these juveniles to go to get the kinds of services these programs provide.

“When it comes to mental health, and a lot of these kids would classify as mental health cases, I’m not sure they would go anywhere,” Orazem said. “They would just sort of float free until they did something that would qualify them for a higher level of service.”

Sheriff’s Deputy Jodi Mendoca oversees the Sacramento County Mentally Ill Offender Crime Reduction Grant Program. She said the public has overlooked the offenders for too long. Her program also might go under if the budget passes. It is primarily for adults, but she said she can see the programs do positive changes for the people involved in it.

Mendoca said her program just started at the beginning of March and they only have three offenders enrolled. She has seen a great deal of transformation in them.

Mendoca said their first offender was homeless, never took a shower, never changed his clothes and was afraid to take off his nap sack. He was afraid to leave the downtown area and yet, he made huge transformation in the past month.

She said now he can get on the light-rail and ride down their center just to say hi even when he is not required. Mendoca said since then, he also has not committed any crimes and he is clean. He would lose that confidence and that would be sad, Mendoca said.

“To just cut it completely, I think it’s injustice,” she said.

Mendoca said she has been working with the offenders in the community for a long time. Their attitudes are that the programs exist for them. If the programs are cut, they believe the public does not care about them anyway.

“The offenders think, ‘You know, people don’t really care. Whatever the flavor of the month is, then they’ll fund it for as long as they feel like it,’” she said.

Unger, on the other hand, said the governor is still looking at all options, including an alternative plan from the Legislative Analyst Office, which does not include cutting the Juvenile Probation and Camps programs.

Orazem also said he is not sure the public is even aware of the juvenile program cuts because it is not broadcasted like other big issues.

“The schools get pretty high profile publicity in the paper but when it comes to corrections and probation it's usually low profile stuff,” he said.

But it's low profile stuff that matters, Orazem said.

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Hmong say it's time to fight for human rights

After a rally for Assembly Joint Resolution 36, Assemblymember Dave Jones, D-Sacramento, couldn’t help but hold back tears when a crying Hmong woman approached him and told him of a loved one who died in the jungles of Laos.

“All I could do was hug her and tell her how very, very sorry I was that she had lost her family member,” he said.

The resolution calls for the president and Congress to take appropiate measures to defend and protect the human rights of the Hmong population in Laos and Thailand. An assembly joint resolution is a resolution passed by both houses of a bicameral legislature and can become a law if signed by the president or can be vetoed.

The treatment of the Hmong in Southeast Asia is a concern for Jones, who authored the bill.

The United State’s CIA enlisted the help of the Hmongs during the Vietnam War. It has been more than 30 years since the war ended, but many Hmong are still hiding in the jungles and fighting for survival against the Laotian government.

Jones said he learned about the history of the Hmong in Laos and Thailand when he worked as a legal aid lawyer to provide for people, some of who were Hmong, who could not afford the service. He then worked closely with the Hmong community when he was councilman for the South Sacramento area.

“I believe that we owe a real debt of gratitude to the Hmong community and we should exert all diplomatic pressure and influence to address the human rights crisis occurring in Laos and Thailand,” he said.

The resolution urges the U.S. to intervene in Laos and Thailand diplomatically. It does not specify the steps Congress should take, but Jones said they had to be respectful of the separation of powers. He said they want them to stop mistreating the Hmong in Laos and stop deportation of the Hmong in Thailand.

“So rather than prescribing or dictating a certain set of approaches, we want them to use what’s going to work," he said. "That’s the bottom line.”

The resolution does urge, however, for the Laotian government to allow the United Nations to provide humanitarian aid, specifically food and access to medical care, to the Hmong population who have taken refuge in the jungle. The resolution currently states the measure is non-fiscal.

Jones said he wants to show the world how the Hmong are being mistreated by the Laotian government. The country is not letting any media or observers in. Only journalist who risked his or her life has been the way the public has known about these events, he said.

Rebecca Sommer is one of those journalist who captured the Hmong people in the jungles in her documentary, Hunted Like Animals. The documentary was secretly shot showing how the Hmong were surviving and their continuous plight as the Laotian soldiers chase them.

Vaming Xiong is chairman of Hmong America Ad Hoc Committee of Sacramento. He was born in Laos and said it is destructive what the Hmong have to endure. He said Laotian soldiers burn homes and villages, kill animals so the Hmong will starve, people die of illnesses and they imprison many.

Xiong said he is also in support of the resolution, but feels it is taking too long to have an effect.

“If the bill passes, there may not be enough Hmong to save,” he said.

Thua Vang, a researcher, said there are about 5,000 to 7,000 Hmong left in the jungles moving from different encampments to stay ahead of the Laotian armies and police units. He said they are surviving on cassava roots, sometimes poisonous yems and if they are lucky, bamboo.

The website Factfinding.org contains history, facts and statistics of deaths in Laos, Vang said. The website found 71 people were killed or died from January through February.

He said someone who watches the footage of Hmong being killed, children being malnourished, women talking about rape and families mourning for thier lost ones, would not be able to hold back tears.

Though Vang said he is very supportive of the resolution, he questions the effect it will have on the president and Congress.

“Numerous resolutions have been passed in Washington. Nothing has been done. This is coming from the state level,” he said. “How effective will it go from state to an international level?”

Vang said this is an international and foriegn issue that should encompass the help of other countries. He sometimes gets direct satellite phone calls from Hmongs who are in hiding and often times, gets questions he can't answer.

“You know, I’m really good at answering questions but the hardest question that is thrown at me is ‘how soon can you help us? How soon will they come here to help us?’” Vang said.

Philipine Phomphakdy is a Laotian resident in Sacramento said he believes there is no human rights violation in Laos. He said he has a grandpa in Laos who can attest to that and the media is just making people look bad.

“But they’re blowing things out of proportion to probably make people think it’s going on again,” Phomphakdy said.

He said videos obtained by the Hmong are used as false evidence.

“I think they (Hmong) should try and talk with the Laos community and see where everyone stands in the situation,” Phomphakdy said.

Lao Ambassador Phiane Philakone was quoted from an article last June in The Sacramento Bee denying the human rights violation accusations.

“I deny these things because we don't have people in the jungle -- it's only a rumor, it's not accurate information," Philakone said.

The Lao embassy in Washington was unavailable to comment after repeated attempts.

Vang wishes he could meet with Laotian government officials himself.

“I just feel sorry to see these politicians denying all the allegations against them, when they can be more transparent and work with an international community,” he said.

The resolution has passed the assembly judiciary committee no opposition or obstentions.

The Sacramento Hmong community will host a rally at the Capitol on Mar. 24 from 9 a.m. to 1 p.m. protesting the deportation and genocide of the Hmong in Laos, Xiong said. The rally will try to bring attention to the recent deaths that have happened in Laos, having 71 people dress in black to represent those killed. Jones will also be one of the key speakers.

Jones said he’s seen more leaders in the government get involved by writing letters, like Doris Matsui and Barbara Boxer. He said he hopes the California legislature will send a loud and united message to the president and Congress so the necessary steps to the help the Hmong in Laos will be fulfilled.

Vang said the time for the Hmong now is to fight, just as they did and are doing in Laos.

“The way they fight in this county is to get their voice to the elected official so lawmakers have the power and the ability to make change,” he said.

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A family suicide drives lawmaker

Map of District 18 - Courtesy of democrats.assembly.ca.gov

One of Assemblywoman Mary C. Hayashi’s favorite memories is ice skating with her older sister, Bo Yoon, on the Guekrak River in her birthplace in Kwangju, Korea.

But on Jan. 9, 1980, her sister committed suicide due to depression. Hayashi, then 12 years old, felt helpless.

Not anymore, Hayashi vows.

Since then Hayashi, D-Castro Valley, said she is dedicating her life to promote and speak out on health and inequality in the Asian American community by using her own experiences as a Korean immigrant.

“I had followed the old ways and kept quiet then,” she said. “This time, I would not choose to be passive.”

Her first political debut began in 2006 when she was elected into the assembly as a democrat against republican Jill Buck, to represent the 18th Assembly District in the Bay Area. The district is 54.54 percent registered democrats and 20.46 percent registered republicans, according to the Secretary of State Jan. statistics this year.

In Hayashi’s autobiography book, Far From Home published in 2003, she said her sister’s suicide, in addition to women’s studies courses she took at California State University of Long Beach, were the reasons she felt the need to push for advocacy about health-related issues experienced by the Asian American community.

Hayashi said she is a strong supporter of education, the environment and high-quality health care services. It was no surprise then when she founded the National Asian Women's Health Organization in 1993 to help Asian American men and women become health advocates in public policy.

“I think the organization – or at least the need for it – found me,” she said.

NAWHO has come to be recognized nationally and has developed some of the first researches to be done on the Asian community, including the first national study of reproductive and sexual health of Asian American men.

Descartes Li, a board member of NAWHO, said although it has been many years since Hayashi has founded the organization, she still lends her support and is very connected with the leaders she has chosen. He said Hayashi has a homey quality about her.

"When we go to these board meetings, she wants to makes sure we're having a good time. We're enjoying ourselves," Li said.

At one time, Li said Hayashi even suggested all the board members take a stroll to the store when only one person needed something.

Hayashi is also the founder and president the Iris Alliance Fund, created in 2001, targeting children and families who suffer from mental health issues.

Another issue that caught Hayashi’s attention was breast and cervical cancer among Asian American women. In her book, Hayashi said in Asian communities, women are subservient, adhere to tradition and puts everyone else before them. For example, when a Chinese American woman in Chicago had breast cancer, she tried to kill herself by drinking bleach so she wouldn’t be a burden to her family.

This story motivated Hayashi to try to get Asian Americans to speak out, understand their health problems and understand it was OK to break cultural traditions. Through NAWHO, again, she helped spearhead the message for prevention and intervention for women who get cervical and breast cancer.

Hayashi is also a commissioner of the Mental Health Services Oversight and Accountability Commission that was created after the passage of Proposition 63 or the Mental Health Services Act. The commission’s charge is to ensure Californians understand the importance of a mental health, hold public systems accountable, provide oversight for eliminating disparities, and ensure positive outcomes for individuals living with serious mental illness and their families.

State Sen. Darrell Steinberg, D-Sacramento, helped write the MHSA and worked with Hayashi along the way, according to Assemblyman John Laird, D-Santa Cruz.

“He needs a good partner in the assembly on this issue and has found one in Mary,” Liard said.

She has recently gone back to work closely with the Department of Mental Health. Hayashi is a pioneer of the Office of Suicide Prevention. Dr. Stephen Mayberg, the Director of the department, said the office will be established soon by executive order in a Sacramento Bee article last September.

Mayberg said the Office will be funded through money from Proposition 63.

"My hope is that the office will bring more revenue into California and give the public a sense of what really is happening," Hayashi said in the Bee article.

Updates on the office have yet to be released and Hayashi was unable to comment after repeated attempts to contact her office.

Those who oppose Hayashi's views said the OSP is a taxpayer’s nightmare.

Steve Frank, a republican political consultant and creator of an online newsletter, California Political News and Views, said Hayashi is obviously an economic illiterate because the OSP would cost the state $14 billion dollars in the next four years. He also said this is a way to cover the state debt and that she does not understand that.

“She smiles well, but takes money out of your pocket,” Frank said.

Frank also said Proposition 92, that Hayashi supported, was a recent failed attempt at the polls during Super Tuesday because she was voting for what her leaders told her to vote for. The proposition called for money to be allocated to community colleges, but would increase state spending on education for two school years, averaging about $300 million per year.

Frank said Hayashi was not thinking and even upset members of the California Teacher’s Association who joined the website organization, No On 92.

Hayashi’s other bills supported, such as her physical therapy bill, contributed to almost all of her donations by individuals in the election cycle 2007 through 2008 and her biggest contribution is $5,200 from the California Medical Association.

Physical therapist Caroljo Tichenor, said she specifically donated to Hayashi’s campaign because she heard of the health-related bill Hayashi was trying to pass.

“I wanted her to understand the role of physical therapy,” Tichenor said. “Contributing to her campaign is a way to get her attention.”

Hayashi supporters believe she has a bright future ahead of her.

“I hope she becomes the president of the United States,” Li said.

Hayashi said in her book that her work continues. She said she believes she is speaking for her sister now, who was taught not to talk about her depression in the Korean culture.

“If we don’t like our lives, we don’t have to give up. We can change, we can grow,” Hayashi said in her book.

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