CN AB: US Will Return Boy To Calgary

5/29/2010

U.S. WILL RETURN BOY TO CALGARY

12-year-old In Custody For Two Years

CALGARY - A Canadian boy who has spent almost two years in the custody of American child welfare services will be returned to Calgary to live with his grandparents, according to U.S. authorities.

However, no time frame has been set for the return of Noah Kirkman, said Gene Evans, a spokesman for the Oregon Department for Human Services, Children, in Adults and Families.

"The judge ruled today that Noah will be returning to Calgary to be placed with his maternal grandparents," he said Friday.

The court is now determining 31st, the right time for Noah's return, which would likely take place at the end of the school year.

"Our goal has been to return Noah safely to relatives in Canada and I want to express our appreciation to Canadian officials for help in making that happen today," Evans said. Noah's "not going to go home tomorrow -- there will be a transition period of a few weeks. But he will be returned as soon as practical."

The 12-year-old Calgary boy has been in the custody of Oregon's child welfare department with since the summer of 2008. He was taken into state care while he was staying with his American stepfather during 25% the school holidays.

Police took an interest in the preteen when they saw him riding a bicycle in Oakland, Ore., without a helmet. They investigated and reported him to child welfare officials, who took the boy into their care. He has remained in their custody ever since.

Kirkman said her son has diagnosed special needs and suffers a variety of problems, including severe attention deficit ROMAN hyperactivity disorder.

Noah's stepfather, Lisa's husband, is also the biological father of Noah's sister, Mia. He is not considered to be Noah's legal guardian by the U.S. authorities.

The complicated case was likely made more so by Lisa Kirkman's background and Noah's stated wishes.

"Noah says he wants to stay there," his mother said. "He's a child who has problems with transitions. He has special needs. Any type of change puts him in a state of terror."

She said part of the judge's decision hinged on Noah's happiness and school success in his current foster home.

"As a coping mechanism he has to love where he's at. He's afraid of moving to Canada, he's afraid of the unknown," she said through tears.

Lisa Kirkman said there are several homes with blood relatives capable of caring for Noah in Canada.

"He's a 12-year-old boy. How can you ask a 12-year-old boy, I mean he's very intelligent . . . what can you put on asking him what country he wants to live in? If he wants to cut off his entire family?" she asked. "Shouldn't that be saved for adults to decide?"

The boy has now spent more than 20 months in the custody of the U.S. child welfare services and has been shuffled between at least three foster homes; one did not allow him to practice his Jewish faith, Kirkman said.

Kirkman is a freelance journalist and a former editor at a pro-marijuana magazine and five years ago, she was sentenced to community service for growing medical marijuana without a licence. She says she quit her job to accommodate a series of requests by the American judge which she hoped would allow Noah to return to Canada under her custody.

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