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Cole v. Arkansas - Profiles of our Plaintiffs and their Families (12/30/2008)

Sheila Cole and Jennifer Owens

Sheila Cole and Jennifer Owens
Sheila (left) and Jennifer

Sheila lives in Tulsa, Oklahoma with Jennifer, her partner of nine years. They both work as registered nurses and are raising Mia, Jennifer’s 4-year old daughter who the couple conceived through in vitro fertilization, together. Sheila is 39 and Jennifer is 38.  The couple’s parents are very supportive of their relationship, as are their coworkers.  They describe their home life as centered around Mia – they play games, take her to plays, bicycle, read, enjoy beach vacations, and try to do as many educational activities with her as they can. 

Sheila has a 21-year-old daughter from a previous relationship who lives in Bentonville, Arkansas with her father. Sheila and her daughter’s father divorced when her daughter was 6.  When she was 14, Sheila’s daughter went to live with her father so that she could develop a stronger relationship with him.  Sheila’s daughter had a baby girl in May of 2008 who was placed in the Arkansas foster care system when she was two months old.

Since October 20, the Arkansas Department of Human Services (DHS) has been allowing Sheila to have two hours of visitation per week with the baby.  Every week, she makes the four-hour round trip to Bentonville to spend time with her granddaughter.

Sheila, the relative who best able to take in the baby, has done everything she can to complete the steps necessary to take her granddaughter into her care.  She has taken foster parenting classes with Oklahoma’s DHS and has passed a home study.  She is now waiting for approval from Arkansas, but she’s worried because of Act 1.

 

Stephanie Huffman and Wendy Rickman

Stephanie Huffman and Wendy Rickman
Wendy (left) and Stephanie

Stephanie, 39, and her partner Wendy, 37, are both professors at the University of Central Arkansas in Conway. They have been together for 10 years and have known each other since they were in high school, though their relationship didn’t begin until they became re-acquainted in the late 90’s.

In October of 2003, the Arkansas Department of Children and Family Services (DCFS) placed a special-needs boy, then two years old, with Stephanie. Tyler, who is now 7 years old, has learning disabilities, suffers from seizures, and is hearing impaired. Both partners went through the DCFS background check and were listed in their adoption application.  That same year, Wendy gave birth to their other son Keegan.  Stephanie was taking the required classes for prospective adoptive parents at the same time Wendy found out they were expecting.  Tyler’s adoption was finalized in May of 2004.  Stephanie and Wendy have been working with a neurologist, a nutritionist, and a hearing specialist in addition to Tyler’s pediatrician, and he’s thriving in their care.

Stephanie and Wendy are very involved in Tyler’s school, which Keegan will also attend when he is old enough.  They participate in parent activities, book fairs, and other school activities, especially those that help children with special needs.  They plan to work with some local groups to start an intramural sports program for children like Tyler.  Tyler loves Monsters Inc., Scooby-Doo, and football; Keegan adores soccer and Star Wars.  The family has three dogs, a camper and a ski boat.  In warm weather they go to the lake often; Tyler and Keegan especially love to swim.  The family also uses the camper to take road trips in the summer.

Stephanie and Wendy are interested in adopting another child, or perhaps a pair of siblings, and they are open to welcoming another special-needs child into their home.  They want to adopt another child through DCFS, but can't because of Act 1.

 

Frank Pennisi and Matt Harrison; Meredith and Benny Scroggin

Frank, originally from New Jersey, is 28 and works as a market researcher. Matt, 36, works as a data analyst for an insurance company. They have been together for eight years and live together in Little Rock. 

Matt’s cousin, Meredith Scroggin, a social worker who also lives in Little Rock with her husband Benny, has named the couple as guardians of her and Benny's two daughters, ages 4 and 1. Meredith says Frank and Matt have a great relationship with the girls and that the couple have a stable, loving, kind, respectful relationship.  The Scroggins family sees Frank and Matt every other week or so; the girls call them Uncle Matt and Uncle Frank.  If something were to happen to Meredith and Benny, they want Frank and Matt to be able to adopt the children.

Frank and Matt started talking about having children two or three years ago.  Matt and Meredith come from a big family and Matt says that one part of why he and Frank started discussing kids was when relatives like Meredith and Benny began starting their own families.  They looked into surrogacy, but eventually started thinking more about fostering and adopting because surrogacy is so expensive and with fostering or adopting they could give a loving home to a child who really needs one. Worried about Act 1, they decided to wait until they knew what would happen with the initiative.

 

Susan Duell-Mitchell and Chris Mitchell; Rick Shelton and Chris Shields

Susan, 34, and her husband Chris, 37, live in Fayetteville and have two children they adopted from Ukraine in 2005. Susan has a law degree and is a fundraiser for a local nonprofit organization, and Chris is an attorney for an investment firm. The children, Nicolai and Natasha, are now ages 11 and 9. 

If something were to happen to Susan and Chris, they would want their gay friends, Rick Shelton and Chris Shields, who are like uncles to their children, to adopt Nicolai and Natasha.  Rick, 47, is a realtor and landscape architect and Chris S., 40, is a visiting assistant professor at the University of Arkansas.  The couples have been close friends since meeting when Chris M., Susan, and Chris S. were in law school.  Rick, a Navy veteran, was studying landscape architecture at the University of Arkansas when he met Chris S. at a Christmas potluck in 1997.  Susan met Chris M. at a law school party in 1998.

Rick and Chris S. would also like to start a family of their own. They’ve talked about having children for years, but they are daunted by the many obstacles to starting a family.  They worry that they may have to leave Arkansas to start a family because of Act 1. 

Rick and Chris S. have been a part of Susan and Chris M.’s children’s lives from the beginning.  When Susan and Chris M. went to Ukraine four years ago, they had planned to adopt an infant, and had set up a room with a crib and baby clothes.  They ended up instead with Nicolai and Natasha, a brother and sister who were 6 and 8 years old at the time.  Rick and Chris S. got together with Susan’s mother and some other friends to prepare the Duell-Mitchell home for their arrival – painting the children’s rooms, purchasing beds, and filling the rooms with clothing and toys.  It was all a surprise for Susan and Chris M. and their new family.

The two couples see each other at least weekly, especially in the summer when the children love to swim in Rick and Chris S.’s pool.  The children call Chris “Uncle Jimmy,” because he is 6’9” and Nicolai says he’s “like a Jungle Gym.”  A few months ago, when Nicolai and Natasha complained to their mother that they weren’t seeing Chris S. as often as they liked, she explained that he was working on his doctoral dissertation.  After considering this for a few moments Nicolai observed, “Oh… he has homework!”  Natasha has also named all her Ken dolls Rick. 

 

Cary and Trina Kelley; Sophia Estes and Vickie Kelley

Sophia Estes, Vickie Kelley and Family
Cary (left), Trina (center), with Cary's mother Vickie (front left),
Sophia (right), and Cary and Trina's daughters
(Elvis, in back, is not related)

           

Sophia and Vickie – “Soap and Vick” to their friends and family – live in Fayetteville. Sophia works as the director of environmental affairs at a retirement home, and Vickie works as a housekeeper. They met when they both had pieces in an art show at the University of Arkansas.  They have been together 16 years and cumulatively have three children and six grandchildren. 

Vickie has two living children from a previous marriage. Her first son was killed in 1999 in a car wreck, when he was 27. Because Sophia and Vickie have already lost one child, they are particularly sensitive to how quickly things can change and want to be prepared to be able to care for their grandchildren if the need were to arise.

Vickie’s youngest son, Cary, 33, works as a tree trimmer. He and his wife, Trina, live across the road from Vickie and Sophia and have two young daughters; Tashia is 4 and Viola is 2. If anything were to happen to them, Cary and Trina, who held their wedding in Vickie and Sophia’s backyard, want Vickie and Sophia to be able to adopt their children.

As a tree trimmer, Cary has known of coworkers killed on the job. He also was a passenger in the car when his brother died.  He would like the security of knowing his mother and her partner would be able to take in his daughters.  Trina, Cary’s wife, spent many years of her childhood in state care and she feels very strongly that children who need homes shouldn’t be cut off from loving relatives like Sophia and Vickie.

The family spends a lot of time together, making an effort to gather at Sophie and Vickie’s home for birthdays and holidays, so Vickie and Sophia have close relationships with all their children and grandchildren.  Cary and Trina live across the road from Vickie and Sophia and bring the girls to their house every morning; Vickie keeps Viola for story time while Trina takes Tashia to school.

 

Wincie Gladish and Becky Bryant; Teresa May

Teresa and her daughters, Wincie and Becky
Top photo: Teresa (right) with her two daughters
Bottom photo: Becky (left) and Wincie

Wincie and Becky live in North Little Rock and have been together 35 years. Wincie just celebrated her 70th birthday and Becky is 61. Six years ago they were part of a group that founded the New Beginnings Church in North Little Rock, a nondenominational congregation that welcome LGBT people.  The couple spends a lot of time with their grandchildren – camping, fishing, reading, going to ball games, and other fun family activities.

The couple raised Wincie’s two biological daughters from the ages of 10 and 12. The younger daughter, Teresa, who is now 45, has five children, the youngest of whom are still minors. The girls’ father is deceased and Teresa’s husband of six years is in active duty in the Air Force. If something were to happen to Teresa, she wants Wincie and Becky to adopt her 16 and 17-year-old children.

Teresa works with autistic children, many of whom come from dysfunctional homes.  She says it breaks her heart to see what a child goes through when he or she doesn’t have a stable, loving home environment like she grew up in with Wincie and Becky.  She is very hurt that the state of Arkansas would deny her the right to determine who her children are adopted by if something happens to her.

 

Curtis Chatham and Shane Frazier

Curtis Chatham and Shane Frazier
Shane (left) and Curtis

Curtis Chatham, 38, works as a speech therapist and lives in Little Rock with his partner of seven years, Shane Frazier, 35, a hospital administrator. Curtis and Shane have talked about adopting a child for some time, and they say they started talking about it more seriously after a private child placement organization visited their church and talked to the congregation about the need for good homes for the many children in need in Arkansas.  

After that, the couple visited the DHS website and found a child they wanted to adopt, a boy whose four siblings had all been adopted but he hadn’t been placed because, at age 12, he was a little older than the others.  Curtis and Shane prayed together and talked about it for a few days, and then made plans to go into the DHS office to start the process for adoption the day after the election, hoping that Act 1 wouldn’t pass.

In addition to wanting to adopt a child of their own, Shane’s sister has a daughter with special needs.  If something were to happen to her, Shane’s sister would want either Curtis and Shane or her and Shane’s other sister – who is a lesbian living with her partner - to adopt her.

 

Kaytee Wright and Alan Leveritt

Kaytee Wright is 40 years old and lives on a farm in Cabot with her partner of five years, Alan Leveritt.  Kaytee helps Alan raise his 8-year-old daughter from his previous marriage, of whom he has joint custody.  Kaytee is a personal children’s sports performance coach and has worked with children through various organizations, including camps for special needs children, summer activity camps, sports performance camps, and church activities.  Together she and Alan are also providing a home and financial assistance to a mother and her two young children through a Little Rock shelter for the working homeless.

Kaytee was adopted from state care when she was just 4 weeks old, and her older brother was adopted from state care two years earlier, when he was 6 weeks old.  Kaytee's parents had waited eight years to adopt through the state system.  Kaytee credits her parents with giving her a wonderful model for parenting, and she feels very strongly that good homes should be provided to children in the state system.  Kaytee and Alan host and assist children with special needs.  Kaytee would like to adopt a child but cannot because she and Alan aren’t married.

Prior to Act 1 passing, Kaytee had been in contact with DHS about being a foster parent.  She was ready to take the mandatory parenting classes for potential foster parents, but eventually she was told that because Act 1 passed, she could not take the classes. 

Kaytee was married once for three years and Alan has been married twice, for 19 years the first time and for five years the second time, and he does not want to marry again.  Kaytee doesn’t want to have to choose between the life she has built with Alan and his daughter and giving other children a loving home.

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