Reprogramming Rifqa Bary to a Muslim Ideology While in Foster Care Does Not Restore Her Family

The objective of child foster care is to allow parents of a family to rehabilitate themselves to a point where their natural children kept in foster care for their safety can be safely reunited with the family. It would seem then that in the case of Rifqa Bary, the 17 year old convert from Islam to Christianity who fled to Florida in fear of her life and who has since been relocated to Ohio state foster care, that the Bary parents would be undergoing counseling and management for the harm their daughter fears from them.

Rather, the reverse is in full swing in Ohio, as the state has ordered and provided Muslim counseling to Rifqa in some quite dramatic ways. The child in foster care is undergoing rehabilitation – reprogramming in Islam. There are no reports that her family is undergoing any rehabilitation. Rifqa has been assigned a psychologist, who is a Muslim as required by CAIR, the Council on American and Islamic Relations, the organization supporting the Bary family. An imam is available to meet with her daily to reinforce the Muslim faith. She is isolated from Christian friends, who are being prosecuted for befriending her. Recently, the CAIR lawyer for Rifqa’s parents “asked the court to hold her in contempt to force her to attend counseling sessions with a Muslim counselor.” The Christmas eve article by Pamela Geller in the American Thinker explains the dramatic details. {Read the article here: http://www.americanthinker.com/2009/12/the_prosecution_of_Rifqa_Bary.html (Jan. 4, 2009).} The family court denied this contempt request, and has thus far refused to prosecute Rifqa for complaints her family and their religious community have brought against her. This judicial action is commendable, and the court should be prepared to handle continued similar requests.

Rifqa will not be restored to a family who has been rehabilitated - rather, in many ways she may be being reprogrammed by the Islamic community courtesy of the State of Ohio’s foster care system. This is not traditional family reunification in any stretch of the foster care objective.

Considering a reverse scenario brings clarity to these circumstances. If Rifqa had converted from a Christian family to become a Muslim, she would never be forced to have a Christian psychologist or a Christian counselor, and her family would indeed be required to be rehabilitated toward religious sensitivity in the goal of reunification. Rifqa’s first amendment rights to religious freedom would be of utmost importance in that circumstance. Since she has found freedom in a personal relationship with Jesus Christ, however, she has been sometimes treated like the abuser, rather than the abused fearing for her life.

In fact, Rifqa’s fears of becoming the victim of an apostate killing are much more real than most would wish to imagine. There is little to no disagreement among imams and clerics of Islam that require a holy jihad against infidels (non-believers in Islam), agreeing that killing an infidel assures one of a place in heaven. Therefore, followers have been commanded to kill everyone who is not Islamic, being the foundation for apostate killings in Sharia law. This is the very basis of Rifqa’s fears. It is difficult to imagine the current Pope commanding all Catholics to kill all non-Catholics, or to imagine Rick Warren commanding the killing of non-evangelicals – to be guaranteed a place in heaven.

It seems equally difficult to be friends or family with someone who has been commanded to kill you because you believe in a different faith than theirs.

The salient point becomes whether a family court should reunify a child with a family whose religious community commands her death. Jesus Christ commands that His followers love their enemies because they are assured a place in heaven based on His death for them – not based on a command to kill. No clearer illustration could be offered than the RIfqa Bary saga. Her time in foster care is providing vivid evidence of the truth of her fears. Reprogramming her to Islam in Ohio’s foster care system is not going to restore the Bary family. May the Ohio family court continue to be mindful of the goals of their judicial and social welfare system.

Deportation or Family Restoration?

Rifqa Bary and her family may be in serious jeopardy of deportation in light of the latest facts regarding their lack of proper immigration documentation. Furthermore, the conflict of laws with state family court jurisdiction and federal immigration court jurisdiction now place family restoration, and the young teen’s safety in foster care in jeopardy.

Follow this compelling story here:
http://www.cbn.com/cbnnews/us/2009/October/Judge-Awaits-Barys-Immigration-Papers/

Family Restoration in Florida or Ohio? or Sri Lanka?

The case of 17-year-old Christian convert Rifqa Bary has moved to new heights because her family has yet to produce proper passports, visas and immigration papers to allow for their presence in the United States. Without such documentation, the family could leave the country at any moment, taking their daughter who fears for her life under Sharia laws of apostasy with them, potentially to her demise. Yet while God is using family courts in both Florida and Ohio to protect Rifqa Bary’s safety, he is using the judicial process to bring proper restoration to a troubled family.



See the latest on this case here .

Will there be Family Restoration for Rifqa Bary?

On October 13, a Florida district court will hold hearings on proper jurisdiction in the case of the Ohio teen runaway, Rifqa Bary, who fled to Florida in fear of becoming a victim of an honor killing by her family’s religious community because of her personal faith in Jesus Christ.



What every child wants, and what every court deems to be in a child’s best interests, is to be restored to her family if at all possible. Courts must balance the best interests of the child with the parents’ rights to direct the upbringing of their children. The Bary’s want their daughter to be raised according to their family’s Muslim faith. Rifqa’s personal faith in Christ has caused her to fear for her life. The upcoming hearing will be critical to this family’s future in every way. The only person who can truly bring restoration to the Bary family is the ultimate Judge and Law Giver, Jesus Christ, though a court will try to do so next week.

A quick summary would be helpful. Florida alone has had jurisdiction since the initial hearing in early August when Rifqa’ s pastor friends in Florida brought the petition for her case to the attention of the FL court system asking for assistance for Rifqa’s safety. Florida then took custody of the child, having no other choice.

Ohio jurisdiction had to be invoked by her parents in Ohio petitioning a court in that state requesting her return, and invoking their parental rights. They did not do that until the end of September. A court date is set in Ohio for October 27. As soon as that action was filed, the jurisdictional conflict began.

Since that action was filed it is likely that the judges in each jurisdiction assigned to the case have spoken by telephone about the law surrounding such cases. The pertinent law in this regard appears to be the Uniform Child Custody Jurisdiction Act (UCCJA), which requires a child’s home state to be determined by where the child has the closest contacts, and has been adopted in some form by every state. The home state is determined by 1) where the child has resided for the previous 6 months; 2) where the child has attended school, been involved in the community, etc. Under this law, a court could also gain jurisdiction if there has been a previous legal action in that state. Finally, under this rule courts can invoke “emergency jurisdiction” if the circumstances so warrant such action for “the best interests of the child.” Here, that’s how Florida got jurisdiction, and began the initial investigations. These were not full blown, however, due to Florida’s lack of clarity on the facts, scant evidence, and no jurisdiction to do a full blown investigation out of state. On the other hand, Ohio is clearly where the child has been living the past 6 months, attended school, etc. Furthermore, the UCCJA encourages the judges to communicate with each other regarding what should be the proper jurisdiction.

Here’s what I think most likely has happened:
The Florida Judge is concerned for Rifqa’s safety but knows the law most likely requires her return to Ohio. However, he most likely wants assurance from the Ohio judge that Rifqa will be kept safe and a full on family investigation will ensue. On the other hand, the Ohio Judge wants to respect Florida’s attempts at finding the proper jurisdiction, and wants to assure Florida that these concerns will be adequately handled in the best interests of the child. Therefore, the October 13 hearing in Florida will most likely be to announce a ruling to forego jurisdiction in favor of Ohio with assurances of Rifqa’s safety.

What will happen then?
RIfqa will likely then be removed to Ohio by that state’s Child Protective Services (CPS) to state custody where she’ll be placed with a foster family near her home town until a full blown CPS investigation and home study can be done. This is MY analysis according to what I think is the pertinent law applied to the facts, and may not be what actually happens. What may also alter the law is a political position taken by a Florida leader to prohibit Rifqa’s return, or new solid evidence that she is in danger if returned to Ohio.

There is a grave concern among many that this child’s fears are real and should not be taken lightly. Evidence of other honor killings within families in the past brings great pause. Currently the case has mostly allegations on each side, and little to no solid evidence. Sadly, the right evidence will be when Rifqa is harmed – and then it will be too late. Both judges realize that, and will proceed cautiously. Others argue that parents have a fundamental constitutionally protected right to direct the upbringing of their children. That is absolutely true. Such an inalienable right can only be abridged when the state must intervene to protect the child where parents have abrogated that duty.

Though a court will try to restore this family next week, the only person who can truly bring restoration to the Bary family is the ultimate Judge and Law Giver, Jesus Christ, who has already paid the penalty for us all. “These things I have written to you who believe in the name of the Son of God in order that you may know that you have eternal life.” I John 5:13. It is a great comfort to know that this Supreme Judge is really in control, and will work all things together for the good of those who love Him and are called according to His purpose.