Group fighting for Durham family sparks change after baby taken from mother

A nonprofit organization is demanding change from the Durham County Department of Social Services (DCDSS).

This call comes after a baby was taken from a mother with disabilities.

WRAL News spoke with the baby's grandmother, Priscilla Smith, who said her family had to sue to get him back.

Smith said her family fought for a year-and-a-half to get her grandson, Zeron, back. The lawsuit claimed that DSS violated parts of the Americans with Disabilities Act and the Rehabilitation Act.

In that time, she says Zeron was put in the Tar River Residential Center for Children in Greenville despite having family that was able to care for him.

His mother has severe medical conditions, and DCDSS would not let Priscilla take in her grandson, because she had just adopted another child and was in the process of moving and therefore considered homeless.

"No family should have to sue to get their loved one back," Smith said.

Priscilla says Zeron is back in the care of his mother and father and they're doing great. She said she doesn’t want any other family to go through what they have.

"We expect for the Department of Social Services to do better," said Dawn Blagrove with Emancipate NC. "We expect not to have to stand here for decades just get their children the help they needed and in turn to be demonized and criminalized."

The family and the county agreed to a $20,000 settlement. As part of the settlement, the county agreed pay Zeron $15,000 and his legal counsel $5,000. The county also agreed to implement a new policy for children with medical needs. It prioritizes family placement and non-institutional settings.

Some of the new facets of the revised protocol include:

• When searching for a potential placement of a child with medically complex needs, Durham County must first assess whether relatives are willing and able to care for the child(ren), and the extent to which the placement with a relative is in the best interest of the child(ren).
• If a relative cannot be identified as an appropriate placement for the child(ren), a placement resource MUST be chosen for the child(ren) that ensures the child(ren) is placed: • In the least restrictive setting. • In the most family-like setting. • In proximity to the parents' home; and ▪ In a setting that is consistent with the safety, best interests, strengths, and medical needs of the child.

In September, Emancipate NC released a report and made several recommendations, including more social workers for parents and increased visitation time. The group is committed to dismantling structural racism and mass incarceration. They said Priscilla and Zeron's story is not unique.

Emancipate NC feels the DSS needs to prioritize getting kids back with their biological family members as quickly as possible. Emancipate NC has a list of resources that highlight avenues for county-level reform to child welfare system.

WRAL News reached out to Durham County for comment, but has not heard back yet.