Desaparecidos Of Argentina

Today’s blog is thanks to an article in The Guardian, LINK>Adopted by their parents’ enemies: tracing the stolen children of Argentina’s ‘dirty war.’

Back in the 1970s, after a military coup in Argentina, at least 500 newborns were taken from their parents while in captivity and given to military couples to raise as their own. Today, Russia is accused of doing something similar with children taken from Ukraine. Jorge Videla, was known as the “Hitler of the Pampa,” after the 1976 coup. Two years ago, the Argentinian government sent hundreds of DNA testing kits to its consulates around the world in an effort to put names to unidentified victims and to find the children of the disappeared, known as desaparecidos. Many of these children are still living today but unaware of their true identity. The Abuelas de Playa de Mayo is a human rights organization whose mission is to find the children who were illegally adopted during those years. (I wrote about these Grandmothers of the Plaza de Mayo in a blog some time ago.)

One of those children is now a 45-year-old banker living in London. His name is Javier Penino Viñas, and his biological parents, Cecilia Viñas and Hugo Penino, were abducted in 1977. Javier was illegally adopted by Jorge Vildoza (a high-ranking Argentinian navy officer) and his wife, Ana María Grimaldos. When asked to appear in court, Vildoza fled the country in a panic, taking the child with him. “After the Videla regime, there was a democratic transition, and in that period the trials against the military began,” says Javier. “My adoptive father was quite high up in the navy, and the family knew that the transition to democracy was starting to cause problems for anyone in the military. That’s when we moved to Paraguay and ended up changing our identities.”

Some experts say that behind the illegal military adoptions was a quasi-Catholic belief that, while the parents of the children were irredeemable sinners who deserved to die, killing their newborn children would be a sin. However, the Argentinian historian Fabricio Laino believes there was a more cynical logic at work. “The military were convinced they could ‘save’ and ‘reform’ these children. They wanted to redeem them from families who, according to them, would surely have raised them in a subversive environment.”

Baltasar Garzón is a former Spanish judge and human rights activist. He believes that “The appropriation of children, as well as rape, has always been aimed at humiliating and subduing the enemy. Taking away the enemy’s child was a bargaining chip.” They change a person’s life by taking them out of their environment and away from their biological family. The method used in Argentina was especially perverse. A pregnant woman was held in captivity until she gave birth. Then her baby was taken away from her. After torturing her, she was killed and effectively made to disappear.

Therefore for decades, hundreds of children have been raised by the same people who were responsible for the torture and death of their biological parents. After the return to democracy, members of the military fled with their adoptive families – often to countries where extradition was prohibited.

It could be that the taking of Ukrainian children is due to a similar intention by Putin. To, in effect, change these children’s lives by taking them out of their environment and away from their biological family. Then placing them with a Russian family on Russian soil. Time will tell the true extent of such efforts and hopefully reveal the number of children affected. War is such a hideous exercise. My wish is that these children ultimately find their way back to family in Ukraine.

Justice For Foster Care Abuse

A former foster care youth writes – I thinking about taking legal action against the state of Nevada for putting me and my 3 siblings through 8+ years of abusive foster homes? My brother repeatedly told our case workers about abuse over and over and they said no one wanted us, so we would have to “suck it up”. I want justice. We were abused, severely in some cases and the worst that happened was a slap on the wrist and MAYBE a foster license taken away. Why no jail time? I would think that most of what happened must be written in our case files somewhere. I know it’s a long shot and probably “way too dramatic” but I’m angry and so are my siblings, our lives were completely turned upside down and we will carry unnecessary trauma with us our entire lives. There has to be something we can do??

Turns out this isn’t as rare as you might think. Oh I knew many are abused. I read a book last April titled Foster Girl, a memoir by Georgette Todd in which she shares her own experiences of being in foster care.

So in the responses to the plea above came stories about other cases and some not-legal advice from a lawyer.

Just last December 2020 in the state of Texas, Corpus Christi-based federal District Judge Janis Graham Jack found the state of Texas in contempt of court for continuing to fail to comply with court orders put in place to protect children in state custody from abuse. The ruling was the latest in a nearly 10-year-old class action lawsuit over allegations of abuse, neglect and systemic failures in Texas’ child welfare system. 

The not-legal advice – I’m a lawyer but don’t know anything about this area of law (which is complex bc govt officials may have some degree of immunity from prosecution, I don’t know). I would begin by (1) googling to see if and how others have brought these suits, (2) law firms in your area who have successfully sued the state for damages, and (3) legal aid providers or maybe the ACLU to see if they can refer you to any lawyers who might be willing to take it on contingency. I’d also move quickly – some kinds of suits can only be brought for a certain number of years (but again, I know nothing about this area of law so please do not take this as legal advice!).

Another woman chimed in – I would look up recent cases brought up against the state/Dept of Human Services… Look up the law firms used… Call them or submit an online inquiry. In Oregon, you have 6 months from a qualifying event to file tort (notice that you intend to file a lawsuit) … But a qualifying event could be as minor as “remembering” a new thing. Usually these types of suits are a contingency, so you don’t pay the law firm unless there is money awarded (except if you lose you usually have pay actual costs of things like filing fees and paper copies, etc), if you win/settle the law firm takes a pre-agreed upon percentage. Law firms don’t usually take on these cases unless they are pretty sure they can win…*good luck* I hope you can hold them accountable!!!

Here is another case moving through the courts in Alabama during 2020. Alabama officials failed to protect multiple children who were abused and neglected for years while in foster care. Foster children who lived with Daniel and Jenise Spurgeon (both have been arrested and are serving time) were sexually, physically, verbally, mentally and emotionally abused, according to the four lawsuits. While the children were starved, isolated, tortured and assaulted, the lawsuits allege, the Alabama Department of Human Resources ignored signs of abuse and neglect. The lawsuits say “numerous” complaints about abuse and neglect were made to DHR by the children and others. The complaints included violations of DHR’s standards for foster homes and ban on corporal punishment, plus reports that the children weren’t properly bathed or were forced to bathe with other children.

There is an organization that does a lot of this kind of justice work. It is called A Better Childhood. They cover the states of West Virginia, Indiana, Oregon, Minnesota, Mississippi, New York, Oklahoma, Texas, New Jersey and Washington DC. A Better Childhood fights for children who are abused, neglected, and irreversibly damaged while dependent on child welfare systems. Their work challenges existing structures to improve the lives of children, whether they are in state custody or reliant on the state for protection. Using the power of the courts, they develop new legal theories and apply and expand existing law to reform the various states’ foster care and other child welfare systems. Then, we monitor the states’ responses to hold them accountable.

Instances of abuse for children in foster care is estimated to be as high as one out of every three children. For some more startling statistics, you can read – Abuse in Foster Care Is a Social Justice Fail.

The ENTIRE justification for the state taking children from their families is to protect the child from abuse. If the child then is put into another abusive situation or worse yet, a series of abusive situations, then the entire premise of the state’s effort to protect children has failed. The agency has failed in it’s jo, and their justification for taking children from their families is a nightmare.