Welcome To Bubbaville, Bubba

Oh, save us, save us, save us all. Especially the youngins!

Like it or not Texas law is that a biological father who was not married to the child's mother at the time of the child's birth or thereafter, or who has never been adjudicated as a legal parent is not entitled to possession of the child. Taking a child without parental permission is kidnaping.

"Looky here, 'lil lady. I got the gun and the badge. That's ever dadgum thang I need to know about the law."

Backdrop.

Mom and Grandmom take turns pushing the grocery cart. Nana holds up a box. "Jenny, do you like these?" Jenny tenses, kicks her legs, claps her hands, and giggles. "Is that a yes?" Nana chuckles. Somewhat clumsily, Jenny lifts three fingers when asked, "How old are you?" With Mom's help, two fingers lay back down. One is left upright.

Act One.

"Can you grab that sack?" asks Nana. "Sure," says Mom as she stepped on white slush. "Careful, Nana, could be icy," she warned. "I'll put these bags in the kitchen and be right back," chirped Nana.

"Buy out the store?" Papa teased. A grin spread across Nana's face. "Just about, hun. If prices get much higher the Cowboy's gonna have to give up your easy chair coaching 'cause you'll be out back farming." Papa laughed.

Act Two.

When she turned away from Papa, Nana yelped. She had been startled by John who was standing in her hallway. "What are you doing here?" she nervously asked. "Where's Jenny?" John demanded. Cautiously Nana replied, "the car."

John left through the back door and spotted Jenny. Nana followed. Mom, who was wrestling to dislodge a package, heard commotion and looked up to see John rushing toward her. In seconds John had grabbed Jenny and started running. Mom and Nana ran after him. "Stop! What are you doing? You're scaring Jenny!" Mom shouted.

John jumped into a waiting car. Frantically, Mom clasped the door handle. "Please give me my baby. You're hurting her. Why are you doing this?" Nana tugged at the door. Mom reached for Jenny, but John shoved her back. Jenny wailed. The car sped away, narrowly missing Nana's foot. It was 7:00 Friday night.

Act Three.

Dispatcher: "Dispatch. What's your problem?"
Mom: "My baby's been stolen!"
Dispatcher: "An officer will be out shortly."

Act Four.

Later that night.

Officer: Who is John?
Mom: Jenny's biological father. We’ve never been married. There isn't a paternity decree.
Officer: He’s the daddy? Can’t be kidnaping in my book.

Act Five.

3:00 the next morning.

Attorney: "There is no legal relationship between Jenny and John. This is kidnaping under Texas law. This tiny citizen has State and Federal rights."

Officer: "Well, maybe we ain’t real high fa-luting but if a guy, ya know, fathers a kid, ya know, well so far as we're concerned, ya know, the kid belongs to the guy. Way it is. Period. End of story."

Attorney: "Officer, it's about the baby, regardless of who is right or wrong. Law enforcement owes her the duty to protect. She is innocent. Please help her."

The Pampa Police Department continued to turn a deaf ear to Jenny and although the Department confirmed Jenny was in John's possession, did nothing to obtain her release. (The dialogue is to illustrate demeanor and not to be taken literally.)

What is the solution for Public Servant deliberate indifference?

Both Federal and State law provide avenues to review a public servant's acts and omissions. Not long ago in the case of Grandstaff vs. The City of Borger a jury found Borger Police officers had disregarded a substantial risk to an innocent person and thereby violated his federal civil rights. The Texas Penal Code contains accountability provisions for public servants. For instance, §39.02, entitled Abuse of Official Capacity, states a public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly violates a law relating to the public servant's office or employment. Additionally, §39.03, entitled Official Oppression, says a public servant acting under color of his office or employment commits an offense if he intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity, knowing his conduct is unlawful.

Although steps for accountability can be taken when police disregard duty, no one can make up to Jenny the long minutes, hours, and days her voice was deliberately ignored by police officials.

© Coninc., TheDownsideUp.Com 2006