Language Barriers At Play in Child Neglect Case

Immigrant rights groups are crying foul at the removal of a newborn child whose mother was in the country illegally. MPB’s Phoebe Judge has more.

When Cirila Cruz, an immigrant from Mexico, gave birth to her daughter Ruby on November 16th at Singing River Hospital in Pascagoula she had no idea that two days later a child abuse report would be filed with the Department of Human Services. That report came after a conversation that Cruz had with a Spanish speaking translator at the hospital, and states that Cruz was trading living arrangements for sex, and was going to give the child up for adoption before returning to Mexico. The report also states that the mother is an illegal immigrant. The problem say immigrant rights groups is that Cruz does not speak or understand Spanish, and has never been provided with a translator who speaks her own language Chatino, an indigenous Mexican dialect. Vicky Cintra is with the Mississippi Immigrant Rights Alliance,

“Two lives have been destroyed. This woman has never had the opportunity to tell her story in court, at the hospital or anywhere else in her native language.”

The newborn was taken from Cruz just after birth and has been living with a foster family since. Cruz speaking through a translator located in Los Angeles, says she never made any of the claims on the abuse form and has never been able to defend herself,

“I don’t sleep I don’t eat, like any mother would feel if they lost their kid. I feel that it is not fair the treatment that I am getting.”

Court records from Jackson County Youth Court show that Cruz was charged in part with neglecting her child because of her failure to learn the English language. Lori Woodruff, deputy administrator of the Family and Children Services division with the Department of Human Services would not comment on this case specifically, but says that language is never used as a determining factor for the removal of a child, nor immigration status. Woodruff also says it is a necessary part of the investigation to be able to understand and communicate with the parent involved. Matthew Steffey a professor of law at Mississippi College says the case raises an alarming number of red flags,

“We have to hope that the court process will be able to determine whether this is xenophobia, or prejudice against persons who are here in the country illegally and don’t speak English, or if there is something that is more alarming.”

Steffey says not providing Cruz with a translator who speaks her native language violates the most basic tenants of fairness in court. Visitation rights between Cruz and her baby have been suspended and the court has relieved the Department of Human Services of all efforts to reunite mother and child. The next hearing in the case is not set until November.