The following article appeared in the Contra Costa Times on 9/26/95.
--- Contra Costa County, California
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         MOTHER TO REGAIN CUSTODY OF SON, 6, BATTLING LEUKEMIA
                            By Brian Alcorn
   Martinez--Adrian Chavez is going home.  A Superior Court judge ruled
Monday that the mother of the 6-year-old leukemia patient did not neglect
him by rescheduling a chemotherapy appointment or by seeking help from 
a traditional Mexican herbalist.
   On Aug. 31, the county Department of Social Services took Adrian from
the home of his mother, Elena Duarte, after she told a social worker 
over the phone that she might run away with her son if the department
didn't stop harrassing her.
   Duarte, a 27-year-old single parent from Byron, cried tears of joy as 
she walked out of the courtroom Monday.
   The county had sought a court order placing the boy in the care of 
social workers, but Judge Barbara Zuniga ruled that the department had 
not shown sufficient proof of neglect to warrent taking the ill child 
from the mother's care.
   Adrian is undergoing treatment at Children's Hospital Oakland, but 
Duarte said her son would be well enough to return home in a few days.
   "I'm just relieved that this nightmare is over," she said.  "I just 
came from the hospital.  He understands that he is going home.  Everything 
is waiting for him just as it was before."
   Duarte said she is still resentful over the way her family has been
treated by the county department, whose role is to protect abused and
neglected children.
   She said the case, which has drawn the attention of parents' rights 
groups around the state, started over a misunderstanding when a social
worker from Children's Hospital called her house to see why she had
canceled her son's appointment for testing to begin chemotherapy.
   Duarte said she told the worker she had instead scheduled an 
appointment with a Modesto-area herbalist.
   When the worker threatened to take the child away from her, Duarte 
said she told her she might run away with her son.  A few hours later, 
social workers and sheriff's deputies arrived at her house and took 
Adrian to the hospital.
   "I got angry and threatened her," Duarte said.  "But if she had just
bothered to check, she would have seen that I had already rescheduled
the appointment."
   Danna Fabella, assistant director of services for the county, said she
believes her workers acted properly in trying to protect Adrian.
   "When it's a life-or-death situation, none of us takes that lightly,"
she said.  "We did what we thought we needed to do to protect the minor.
And I think the decision the court made understood the role the agency
played."
   Nonetheless, Fabella said her department will review the case and look
for ways to improve.
   "We will take a look back and see if there was something that we might
have done differently," she said.  "We'll continue to give (Duarte) 
whatever help she needs."
   Duarte said she is already planning a big welcome-home party for her 
son.
   "Everything is going to be fine now," she said, smiling.  "It's like
when you give birth.  When you get to take your child home, it makes
everything all right."
   The hearing to determine who should get custody of Adrian was closed 
to the public and media.
   Zuniga, noting that the county could still appeal the decision, did 
not comment on her ruling Monday.
   Elizabeth Harrigan, Adrian's court-appointed attorney, said the judge
did not indicate that social workers had done anything wrong by taking
the boy from his mother.
   "It's fairly clear that the court was not irritated with DPSS," she 
said.  "They were just doing what they were mandated to do."
   "I'm very happy that Adrian is getting his treatment and I'm very 
happy that he is back with his mother.  He's a great little guy."
   Adrian has had leukenia for two years, but it had been in remission 
until six months ago.
   Duarte began taking her son to a "curandera," a healer who uses herbs
to treat diseases.
   Family members said she did not want to subject the boy to any more 
of the sometimes painful medical treatments.
   On Sept. 6, a Juvenile Court judge ruled that welfare officials had 
the right to remove Adrian from his home and gave doctors permission to
begin chemotherapy.
   Monday's ruling rescinded that order and put Duarte back in charge of 
her child's care, though it did not limit the powers of the county to
act again if it feels it is necessary.
   "This has been a very difficult case for everyone involved," said 
Duarte's attorney, Christopher Bowen.  "But no one has ever doubted 
that she loves her child very much."
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--- Mankind = One Family
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