Encarnación Bail Romero no longer has custody to her son, Carlos. She is currently in detention.
So if you’re incarcerated, your parental rights can be easily terminated. Plus there are so many people out there who can offer more as parents than you can.
In his decree, Judge David C. Dally of Circuit Court in Jasper County said the couple made a comfortable living, had rearranged their lives and work schedules to provide Carlos a stable home, and had support from their extended family. By contrast, Judge Dally said, Ms. Bail had little to offer.
According to the article, her rights were terminated because of abandonment:
The lawyer for Carlos’s adoptive parents, Joseph L. Hensley, said his clients had waited more than a year for Ms. Bail to demonstrate her commitment to Carlos, but the judge found that she had made no attempt to contact the baby or send financial support for him while she was incarcerated. The couple asked not to be named to protect Carlos’s privacy.
Of course she should have sent him money while incarcerated. Because she probably has wads of cash in her bank account. Undoubtedly that’s why she got a crappy public defender who was later removed from her case after charges of domestic violence.
But the attorney for the adoptive parents feels they were very fair to her:
Mr. Hensley, the lawyer for Carlos’s adoptive parents, said he had sent a letter to Ms. Bail to tell her that his clients were caring for her son, as did the court, but both letters were returned unopened. “We afforded her more due process than most people get who speak English,” Mr. Hensley said.
Fair and square, right?
Just to make it clear, Ms. Bail is illiterate in Spanish and does not speak English. With the assistance of a guard and a visitor, she wrote a note indicating that she did not want her son to be adopted. All to no avail:
“Her lifestyle, that of smuggling herself into the country illegally and committing crimes in this country, is not a lifestyle that can provide stability for a child,” the judge wrote in his decision. “A child cannot be educated in this way, always in hiding or on the run.”