http://www.nytimes.com/2007/01/24/us/24custody.html?_r=1&oref=slogin

Tennessee Court Orders Return of Girl, 7, to Biological Parents
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By THEO EMERY
Published: January 24, 2007
NASHVILLE, Jan. 23 — Almost eight years after a Chinese couple living in Memphis placed their daughter into what they thought was temporary foster care, the Tennessee Supreme Court on Tuesday ordered that she be returned to her biological parents.

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Mike Maple/Memphis Commercial Appeal, via Associated Press
Shao-Qiang, left, and Qin Luo He after the Tennessee Supreme Court ordered their daughter, Anna Mae, returned to them.
The unanimous decision is likely to settle a convoluted parental-rights dispute framed by cultural differences and conflicting notions of parenthood.

The court reversed lower court rulings that had terminated the parental rights of Shao-Qiang and Qin Luo He and gave custody of the child, Anna Mae He, now 7, to her foster parents, Jerry and Louise Baker. The court sent the case back to juvenile court for entry of an order that would permit Anna to be returned to the Hes.

“We always had the faith that our child would be reunited with us,” Mr. He said, adding that he planned to return to China with his family.

Larry E. Parrish, the Bakers’ lawyer, said the foster parents were devastated. Mr. Parrish said he might seek a reconsideration of the ruling, or appeal to the United States Supreme Court.

The battle began after the girl’s birth in early 1999. Her parents had come to Tennessee so Mr. He could attend a doctoral program at the University of Memphis.

Shortly after Mrs. He became pregnant, a student accused Mr. He of attempted rape. Mr. He, who was eventually acquitted, lost his teaching position and, later, a part-time job at the school. He also faced deportation, which was put on hold until the girl’s custody was resolved.

The Hes sought advice about temporary foster care for their daughter until their finances stabilized. After the birth, a juvenile court placed the baby with the Bakers.

On paper, the setup was temporary, but the Bakers said they had a separate oral agreement giving them custody until the girl was 18. The birth parents said that no such arrangement existed.

Relations soured. In a confrontation at the Bakers’ house in 2001, the police told the Hes to leave. The couple did not try to visit Anna at the Bakers’ home, according to the ruling, but kept pressing for custody.

After four months, the Bakers asked a chancery court to terminate the Hes’ parental rights, claiming they had abandoned the girl. A judge ruled for the Bakers, concluding that the Hes were manipulative and dishonest. The Tennessee Court of Appeals affirmed the termination.

In its ruling, the State Supreme Court threw out the parental termination, saying the couple had not abandoned Anna. The court also said that the Hes had achieved financial stability and were “ably taking care” of their other two children.