‘Only a piece of paper’ kept Brittney waiting for new mom and dad

The Blaze Sports kids pushed their wheelchairs in laps around the junior high gymnasium in a ritual that loosens up their arms and starts the Wednesday night activities at the city-sponsored recreation program.

"She's going to sign," Brittney Bergeron said to her friends, her sweet face beaming with the news as she rushed by without breaking the rhythm of her warm-up routine, the wheelchair's tires singing as they rolled across the hardwood. "She's going to sign."

Brittney's pals knew exactly what she meant.

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Christmas, Easter and Thanksgiving came on Thursday for Brittney in the chambers of Family Court Judge Cynthia "Dianne" Steel. After more than two years of fighting, with her case set for review by the Nevada Supreme Court, Brittney's mother, Tamara Schmidt, at last agreed to terminate her parental rights.

The decision allows 15-year-old Brittney's open adoption to go forward. Not only would she be able to officially call her devoted foster parents, Judy and Bill Himel, mom and dad, but the courageous girl would be able to move forward and further distance herself from her young life's most nightmarish chapter.

Schmidt signed the paperwork Thursday afternoon and then returned to prison, where she's serving a 4- to 12-year sentence for child abuse and neglect. Her conviction stemmed from a January 2003 stabbing incident in a Mesquite trailer park that left 3-year-old daughter Kristyanna Cowan dead and 10-year-old Brittney a paraplegic.

Schmidt's action was lauded by her attorney, Christopher Tilman, but Deputy District Attorney Brigid Duffy held a different view Thursday.

"Ultimately, everything we wanted to happen happened today," Duffy said. "Honestly, I have no sympathy for that woman after seeing what's been held from this child for two and a half years."

Brittney was placed in the care of the Himels shortly after leaving the hospital. Foster parents for more than 20 years, the Himels have four grown biological children, two adopted children in addition to Brittney, are attempting to adopt another medically challenged child, and currently care for two other severely disabled youngsters.

Under the Himels' roof, Brittney made the difficult transition to using the wheelchair. In time, she learned what it was like to be part of a loving, functioning family. Her dream has been to become a permanent member of that family.

Despite her birth mother's obvious lack of parental fitness, Brittney's journey was made arduous by the questionable decisions of Family Court Judge Gerald Hardcastle.

The veteran judge at times downplayed the importance of the teenager's request, at one point saying formalizing an adoption was "only a piece of paper."

Which is a little like saying the Constitution is only a piece of paper, when in fact it defines who we are and establishes our rights as citizens.

For a foster child searching for a secure family, the adoption paperwork is as important as citizenship.

A child in foster care can't go to a movie with the neighbors unless they've been fingerprinted and cleared by the proper authorities. The child can't leave town on a school or sports trip without the social worker's knowledge and approval. Brittney couldn't even spend the night at a girlfriend's house without official permission.

Just a piece of paper, indeed.

That piece of paper makes a world of difference.

"I guess you could say we're on Cloud Nine," Judy Himel said. "She feels free. A huge weight has been lifted from her. She's so excited she can barely contain herself."

There's a lot of celebrating going on at the Himel house.

"Brittney has brought so much to our lives," Judy said. "She's taught us a whole new way of looking at things. She's taught us how to be strong. She's not a whiny person. She never feels sorry for herself. And she's often told us that, although it's a terrible thing that happened to her, she's better off because of what happened. And if it hadn't of happened, she never would have had a family.

"She's been an inspiration who has taught us all so much."

Thursday afternoon at Family Court, Brittney gleefully popped wheelies in her chair and showed off for her social workers.

The day she had dreamed of had finally arrived.

That piece of paper signed at last, Brittney Bergeron went home with her mom and dad.

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