Mother Loses Custody Due To Her Bizarre Behavior

Recent Cases

A California appeals court affirmed the appointment of a guardian ad litem for a girl whose mother led police on a 12-minute high-speed chase with her 7-month-old daughter in tow, kept feces and urine in jars near the kitchen sink, and told relatives to address her daughter, Esmeralda, as "Andrew," writing the new name on the girl's stomach in felt marker.

Justice McKinster concluded that the San Bernardino County Court violated Marlene G.'s due-process rights by appointing the guardian ad litem, but said the violation was harmless, because Marlene would probably have lost her parental rights, anyway.

After the high-speech police chase, Marlene was arrested, declared competent to stand trial and jailed for child endangerment. She later refused to take antibiotics for a fever that could have spread to her infant daughter.

She told the county Department of Children's Services that "she was hearing voices telling her that others are trying to break into her home and kill her."

She also mentioned Esmeralda likes to eat peanut butter and chocolate, though relatives said she was feeding her daughter peanut butter mixed with feces.

A psychological evaluation revealed that Marlene "feels sad, thinks of death, has racing thoughts, has difficulty understanding what people say to her, has problems understand what she reads, and cannot find her way home from familiar places," the ruling states.

The court ruled that Esmeralda should be kept in state custody, because her mother continued to show signs of mental illness and refused to take psychotropic medications.

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

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