Ben and Tamm

Ben and Tamm met in high school. They married and welcomed a little boy. Tamm was working as a stay-at-home mom and receiving disability. Ben was working full-time, and all seemed well…until Ben’s income increased.

Ben’s increase in income resulted in unexpected cuts to their benefits, cutting Tamm’s disability payments in half, in addition to losing other assistance. They had hit what’s known as a Benefits Cliff. Ben and Tamm wanted to be self-sufficient, but suddenly found themselves unable to pay their bills. They lost their apartment and had to stay with various family members.

On March 25, 2022, Ben and Tamm wanted to do something special for their son. They decided to go to a McDonald’s not far from where they were living. Rather than walk, they attached a child’s bike trailer to their moped. Reflecting on the incident, Ben said, “Looking back at it now, it wasn’t the best idea. Do I think what happened following that was ok? No. It didn’t have to be that way.”

While at McDonald’s, Ben and Tamm were arrested for Endangerment of a Child, and their son was placed in foster care. This was especially difficult for them since they had both been in foster care. Ben was placed in foster care at age 3, Tamm at age 14. Ben was adopted, Tamm aged out. The same DCFS case worker who had removed each of them separately years earlier, was now removing their own son.

“The first time I met Ben and Tamm was in a TDM (Team Decision Making Meeting). DCFS wanted to return their son and provide services through a Protective Services case. However, their bail bond had a No Contact order attached, so Ben and Tamm couldn’t be anywhere near their son,” 100 Families case manager Courtnee Harlan stated. Unfortunately, child endangerment charges in Sebastian County require a no contact order attached to them. This keeps families from being able to be together even if the child welfare agency and others believe they have removed the risk and it is safe to return the child home.

Ben and Tamm had no criminal history and no history of abuse or neglect of their son. Through 100 Families, they were connected to the Fort Smith Housing Authority. Thanks to the Family Stability Program, they were approved for assistance with their deposit and bus passes. Through community partnerships, 100 Families was able to assist with furniture and food boxes. They also completed parenting classes through STEPS Family Resource Center.

Based on Ben and Tamm’s experience, a conversation was started with the local criminal justice community. With the cooperation of the district court judges, city prosecutor, and public defender’s office, 100 Families developed a Take Under Advisement (TUA) Diversion Program for parents in similar situations. This program aims to address root causes, allowing families to receive guidance and support and learn to utilize services provided by the local community.

On June 21, 2023, after more than a year in foster care, Ben and Tamm’s son was returned to them! When asked what they would say to a family going through the same circumstances, Tamm stated, “Make sure you understand everything and do your best.” The couple are excited to be welcoming their first daughter on July 5 th .

100 Families will continue to work to help situations like this not occur and to bring families back together safely as quickly as possible.

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