Mother’s bid to regain guardianship might not be in best interest of teen

If Eric Griffith were like other 18-year-olds, he might be itching to graduate from high school and move out on his own, or perhaps prepare for college in the fall.

But Eric was born with Down syndrome and is severely mentally disabled. According to treating physician Dr. Robin Perlow, he has the functioning intelligence of a 5-year-old. That means Eric Griffith will always require a guardian.

Under other circumstances, Eric's mother, father or extended family would be charged with the challenging task of taking care of him. But his life has not been so simple.

Eric's mother, Angela Griffith, was a drug addict who was charged with neglect after she failed to sufficiently care for her son. She eventually admitted she was addicted to methamphetamine.

When the authorities stepped in and separated Eric from his mother, he was made a ward of the state and was placed in the hands of veteran foster parents Melissa and Bill Caldwell. The Caldwells have spent many years caring for children with challenging needs.

By all accounts, Eric has thrived under the Caldwells' care since moving in with them in July 2003. For all the criticism leveled at our system of child and family services, there are many success stories. Eric's story was a success in the making.

Not that it's been easy. According to court documents, Eric "is highly energetic and very difficult to control," and "requires 24/7 supervision."

While the Caldwells have been there for Eric each difficult step along the way since 2003, Angela Griffith has "substantially overcome her substance abuse problems," a court document reveals. She does, however, suffer from an anxiety disorder that has left her totally disabled.

"Her disorder has, and will continue to diminish her ability to care for the ward," the document continues. "Ms. Griffith has not had the capacity to maintain a job and has not worked for at least 12 years."

But with the assistance of her mother, Frances Smyth, Griffith is fighting to wrest guardianship of Eric from the Caldwells, despite a bid being rejected by District Judge Art Ritchie.

In August 2007, Griffith and Smyth, represented by Deputy Special Public Defender Melinda Simpkins, implored the judge to spurn a June 2007 report from a guardianship commissioner, who substantially agreed the Caldwells would be better guardians of Eric. The commissioner did recommend Griffith and Smyth have unsupervised visits two days per month.

In the report, the guardian noted testimony from the grandmother that revealed Angela's "primary motivation in seeking guardianship is to repair her own self-esteem. She feels the need to assuage the guilt she feels from neglecting the ward throughout his childhood. In contrast, the motion of the Caldwell's is entirely focused on their desire to provide a better life for the ward."

In fact, Paul Williams, the county Department of Family Services social worker assigned to Eric's case back in January 2005, said the boy needed to stay with the Caldwells.

And Dr. Stephanie Holland observed the boy's case closely and concluded in two reports that it was in his best interests to remain with the Caldwells.

With her drug history, mental health issues, lack of steady work, and the fact she lives with her mother, Griffith would seem an impossible long shot in her fight.

The fact "she had a poor history of compliance in the juvenile case, resulting in complete suspension of her visitation" could have started the process to terminate her parental rights back in 2004, according to court documents.

With the District Court siding with the Caldwells, there it might have ended, if Eric were destined to at long last enjoy the semblance of a normal life with his caring, court-appointed guardians.

Despite her long history of failing her son, abusing drugs, and suffering from a mental disorder, Angela Griffith has case law in her favor. She is his mother, after all.

Griffith has statutory preference, according to Nevada law, as his birth mother. In fact, her mother, Smyth, also has legal preference over the court-appointed guardians.

At a time when Eric ought to finally be feeling secure, his life remains uncertain as his case meanders through the system.

Where is justice for Eric Griffith? Where is fairness for Melissa and Bill Caldwell?

It's time for those in high authority to say, "Enough is enough."

John L. Smith's column appears Sunday, Tuesday, Wednesday and Friday. E-mail him at Smith@reviewjournal.com or call (702) 383-0295.