Thursday, June 02, 2005
Copyright © Las Vegas Review-Journal

JANE ANN MORRISON: Tamara Schmidt's child-rearing record speaks for itself

Let's be clear here: Family Court Judge Gerald Hardcastle didn't order Brittney Bergeron returned to her mother's custody. He need not be drawn and quartered by the mob quite yet.

Hardcastle did order authorities to try again to reunite Brittney with her mother, Tamara Schmidt, basically saying that the government didn't prove its case to terminate Mom's parental rights and that Schmidt deserved another chance to be a good parent.

Meanwhile, Brittney remains living with Judy and Bill Himel, the foster parents who want to adopt her and who were described by the judge as "simply some of the very best foster parents anywhere."

Hardcastle said the law "free of premature emotion" still favored the rights of Mom, a former drug abuser facing criminal child neglect charges for leaving her kids alone and unprotected.

His order brought "tears of joy" to Tamara Schmidt's eyes.

Brittney shed no tears when she learned after school about Hardcastle's decision and how it would be appealed, said her attorney, Steve Hiltz. "She's amazing," Hiltz said. "We explained what happened, and at first she didn't say anything. She understood the judge didn't order her home to her mother."

They also talked about the $5.5 million settlement from CasaBlanca Resort, and how it would provide enough money for her to go to college and graduate school to fulfill her dream of becoming a veterinarian. It will also provide money for special wheelchairs so that she can compete in wheelchair sports.

"Then she went on with her life, off to an athletic event," said Hiltz, who is from the Children's Attorney Project of Clark County Legal Services.

The judge's reasoning: "Tamara has made substantial efforts to correct the parenting deficiencies that caused Brittney to come into foster care. Second, the agency (Nevada Division of Child and Family Services) has failed to make reasonable efforts to return the child home."

The populist view is that Tamara Schmidt blew her maternal rights when she left her kids alone the night of Jan. 22, 2003, exposing Brittney to the fury of Beau Maestas. Brittney suffered 20 stab wounds through her pink pajamas as she tried to shield her sister from Maestas, who has admitted his crimes. Murderer Maestas has said he was seeking revenge because he paid $125 to Schmidt and her boyfriend at the time and they delivered fake drugs. They deny his allegation.

What Hardcastle politely called "parenting deficiencies" is viewed in a less forgiving way by District Attorney David Roger, who said his office would appeal to the Nevada Supreme Court and seek a stay of Hardcastle's order so that the reunification process the judge ordered would be stopped.

"It sickens me to think this young girl would go back to her mother, who chose drugs and gambling over the well-being of her children," Roger said. "We have to appeal for Brittney's sake."

In his 33-page order Wednesday, Hardcastle criticized the district attorney's office and the Division of Child and Family Services for their handling of the case and included some criticism of himself.

"Because of the failings of her parents and the failings of the agencies involved, this matter cannot be ended one way or the other," Hardcastle wrote. "Even the Court accepts responsibility for not being more active in demanding that the reunification efforts be more aggressively made."

As far as Brittney's wish to remain with the Himels because she fears for her safety and doubts her mother has what it takes to care for her now, Hardcastle said that's not a decision Brittney gets to make.

Hardcastle's order revealed that Schmidt has a third child, a son, a result of her marriage at age 16. So here's her record on child-rearing.

Three children by three fathers:

First: Raised by his father.

Second: Paralyzed at 10.

Third: Dead at 3.

If Tamara Schmidt has truly turned her life around and truly wants to take on the difficult job of caring for Brittney, then her redemption deserves praise.

But if she and her latest husband are hoping to get their mitts on the $5.5 million settlement, then the lawyers who did their best to make sure that the money goes for Brittney's care (and not to any caregiver) have protected her better than her mother ever did.

Jane Ann Morrison's column appears Monday, Thursday and Saturday. E-mail her at jane@reviewjournal.com or call 383-0275.