Five Somali immigrant children removed from their West Side home in July by Erie County Child Protective Services have been placed in the care of a Somali relative, after complaints about how the Department of Social Services handled the case.

Maryam Jama, a second cousin of the children’s father, Madhey Khamis, is now caring for the youngsters, including an 8-month-old toddler, in her Congress Street apartment.

In addition, the mother of the children, Malaika Sabtow, is allowed to visit them regularly in Jama’s home.

The father — who was charged with hitting one of the children with a belt and tying up the child’s hands and legs — also is allowed visitation in the home once a week with supervision from a Social Services caseworker.

Somali community leaders had complained that Child Protective Services was unfamiliar with Somali culture and language and reacted harshly in removing the children from parents who were new to the United States and not aware of disciplinary limits in this country.

In Somalia, corporal punishment is considered acceptable, and Khamis was trying to discipline his 8-year-old son, Abdi Abdi, who was misbehaving in school, friends of the family have said. The surname of all five children is Abdi.

Oscar Smukler, the attorney representing Khamis and Sabtow in Family Court, said the father was sorry about his actions and did not intend to hurt his son.

“Yeah, he’s remorseful, but, again, at the time it happened, he followed how a child who misbehaves in school, how they’re disciplined in his homeland of Somalia,” Smukler said.

Sabtow and Khamis are required to take parenting and anger-management courses as a condition of being reunited with their children in their Chenango Street home.

The children had been separated into three separate non-Muslim households for about six months, until Jama first gained custody Jan. 14.

Thursday, Sabtow was granted liberal visitation privileges thanks to an agreement reached between Smukler and representatives from the Erie County attorney’s office and Child Protective Services.

“I’m so happy they’re here. I’m so glad sister Maryam help me,” said Sabtow, who is learning more English. “I’m a mom. I love my kids.”

As she spoke, Sabtow’s youngest child, 8-month-old Shamia, fell asleep in her arms.

Shamia was 2 months old and still breast-feeding when Child Protective Services workers took her away from Sabtow.

Sabtow’s supporters had argued that she did nothing wrong and should have been able to take her children back into her home immediately.

“She didn’t do anything. She’s innocent,” Jama said.

At the very least, said Somali community leaders, the kids should have been placed in homes more sensitive to their cultural needs as Muslims and new immigrants.

Sabtow, who with Khamis raised four of their kids in African refugee camps before arriving in Buffalo about four years ago, said she was disappointed she couldn’t bring her children home to their father yet.

But Smukler said he and county caseworkers were working toward family reunification as soon as possible. Jama also gave credit to county staff who listened to the complaints of Somali community leaders.

The next Family Court date is scheduled for March, he said.

Sunday afternoon, the five children appeared at ease in Jama’s home, with their mother stopping by for a visit.

At one point, youngsters Hassan, 5, and Fatuma, 11, played on the living room floor with little Shamia.

In the kitchen, 12-year-old Mustaffa discussed how he looked forward to going back to an Islamic boarding school and having his siblings back with his parents again. He was pulled out of the school when placed with a Christian foster family.

“It was not the way I wanted it,” he said of the foster home situation. “This is better.”

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Buffalo News

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