Mothering › Forums › Parenting › Adoptive and Foster Parenting › Update on our court hearing - LONG!! *new #17*
New Posts  All Forums:Forum Nav:

Update on our court hearing - LONG!! *new #17*  

post #1 of 20
Thread Starter 
I’m still trying to process what has happened over the last two days, and I’m still sort of numb. I’m getting angrier as time goes by, but I definitely feel numb.

Two days ago, I called our social worker in order to get the phone number for the guardian ad litem (GAL). She gave me legal aid’s phone number and instructed me to call them. I did and was able to get the phone number of our foster daughter’s GAL. I called the number listed, but his name wasn’t on the answering machine. The attorney for our foster daughter’s dad was, however. I left a message and asked to have someone call me back. Later that afternoon, I still hadn’t heard from anyone, so I called again. This time I spoke with someone. He handed the phone off to another man who gave me the new phone number for the GAL, said he had just moved offices. I thanked him and hung up. Let me interject here that I was concerned at the outset of the case about a conflict of interest, because the father told me – the day he met his attorney – that his attorney (parents have separate attorneys) and the baby’s attorney are good friends and former co-workers. The dad’s attorney told him that it would be no problem communicating between each other since their friends. My red flag alarm went off when I heard this, because it seemed like a conflict of interests. I called the social workers and alerted them, and they said it was just fine and didn’t do anything about it. So, back to Thursday. I left a message for the GAL on his new number. Hours passed and I still hadn’t heard from the GAL, so I tried again. I was finally able to reach him, and what he said stunned me. He said, real sarcastic-like, “Oh, I don’t really think they can proceed with the TPR.” I was like, “WHAT?!?!?” He said, “I think they’ve worked through their parent agency agreement from before.” Stunned, I stammered and insisted on a meeting. He agreed to meet with me an hour before the trial.

A couple of hours later, I heard from the social worker. She was concerned about the mom’s drug screen from a few days ago. Apparently, one had been rejected due to error, and the other came back diluted. According to the social worker, a lot of times that means it has detected narcotics. I personally know that the mom confessed to me she always drinks a ton of water before she goes to a drug drop because it helps clear her system. The social worker was very upset, feeling it detected drugs.

Fast forward to Friday morning. Keep in mind that we had felt confident in the judge’s willingness to accept the TPR; he had expressed his disgust in the case and had no problems TPR’ing. The prosecutor had been prepared to follow-through with the trial. First thing Friday morning, I called the foster care SW and confirmed that everything was still a go for the trial. She said she still hadn’t heard anything contrary. I asked what happens if TPR doesn’t go through; would the dad be required to do domestic violence-specific classes? Yes, she said, she would require DV classes and DV counseling at a shelter facility for the mom. We hung up and I continued to get ready. In the midst of my thoughts, I found a peace, a calm.

The trial was set to begin at 3 pm. We had a meeting with the GAL at 2 pm. At about 11:00 am, the foster care social worker called me on my cell. She said that out of left field, the prosecutor offered a plea to the parents. She said that neither social worker involved in the case from DHS supported this decision; both the CPS and foster care worker (herself) wanted the TPR to proceed. They didn’t feel the parents were prepared to change – it had only been 5 months since they were non-compliant from the last case, after 10 months of treatment. She said she was calling me because she knew I would be upset and she didn’t want to see me get blind-sided at the hearing. I agreed and thanked her profusely for telling me. I was pumping gas and on my way over to get some high heels from one of my best friends. The whole way over I was numb. When I got to her house, I was numb. I just tried processing what was happening.

We left for the trial, and I didn’t know what to think. All I knew was that I was going to meet with the GAL, and I was going to make sure everyone saw J’s picture and remembered her during these proceedings. We arrived at the GAL’s office, and I could tell he was a real piece of work. He pulled out a cigarette and began smoking in the middle of the office without even asking us. He started his conversation by saying, “Well, I haven’t really made up my mind as to what I’m going to recommend. I don’t think they’ve really done anything wrong.” WHAT?!?!?!??! I could hardly keep my jaw up as I stared at this man. I’ve always been one the best debators ever; people hate fighting with me, because I never back down. I take my points and I prove them to the N’th degree. I fight like mad; people generally give up. Something about this man brought out the Mother Warrior in me (to quote Jenny McCarthy). I brought out every gun I could muster and had the most compelling, convincing argument I could gather. No, I wasn’t in it to strictly adopt. Yes, I would be willing to accept RU if and only if they showed obvious signs of change. And I provide documents and pictures. At the end, I stared deep into this man’s eyes – a man who had admitted he has an 11-mos-old at home – and told him this baby’s life was in his hands. This baby deserves a chance at safety. If this baby went home and something happened, it would be because he didn’t stand up for her – he would have to live with that forever. She deserves the chance at safety; she deserves the chance to get a good life. She deserves to never have the bruises her mom had, or to be sexually assaulted like her mom was. As ½ hour came to a close, he said, “All right, all right – it sounds like you’re making my closing arguments. We’d better get to the courthouse.” And I knew: I knew he was convinced.

We got to the courthouse and I had a strong intuition the two people in the elevator with my husband and I were the parent’s attorneys. The way they talked about their clients was horrible; they joked that the dad needed a GAL on his own! Once we arrived to our floor, my husband and I sat down on a bench and the attorneys went back into an open conference area with our GAL and the CPS social worker. The discussion was awful to hear; the parent’s attorneys firmly felt this proceeding was stupid and nothing was founded. CPS was angry because it was obvious they were noncompliant 5 months ago. Our GAL said he wouldn’t recommend unsupervised visitation until DV work had seriously been completed. It became very clear that TPR was NOT going to happen due to the plea on the table.

As we sat on that bench, something told me the woman sitting across from me in a red suit was the prosecutor. I don’t know how, but I knew. I walked up to her and asked if her name was ___. Yes, it was. Was she a prosecutor? Yes, she was. I introduced myself and said I wanted her to see the baby’s pictures, so she could see who the baby she was representing was. She “ooh’d” and “ah’d” and asked how she was doing, but she didn’t care much past that. It was clear, she’d made up her mind. The minutes went by so slow after that. The baby’s grandma, who abused and allowed abuse against her daughter – the mom, showed up and had this fake speech about how the family was so happy with me, blah, blah, blah. I couldn’t help myself; what did I have to lose? I said, “Really? Because that’s not what I just heard yesterday. I heard you guys think I’m only out to adopt this baby no matter what.” She was stunned; I’ve never stood up to her before. She gave me this junk about how she focuses on God, and I should always call her if I have any problems, blah, blah, blah. I do not believe her; she still thinks nothing ever happened when the mom was younger. She’s a coward and a few other expletives.

Time finally collided with the trial, and we were all invited into the court room. We took our respective places and began stating our names and relation to the judge. Right off the bat, the prosecutor spoke of the plea on the table. The two social workers just stared down; you could see the steam rising from their faces. They were so angry. The proceedings continued with that stupid look on those parent’s faces – that “We’ve got it now!” look. I just took notes – I was so numb. At one point, the judge asked how old the baby was. Someone said 3 months, and I couldn’t help myself. I raised my hand and said, “Three months, your honor, and I have pictures if you’d like to see her.” He stopped and looked at me kind of stunned and stammered, “Uh, okay.” I approached his desk (it was in a conference-style room). I handed him the pictures and he agreed that she was really cute. He asked if I had any extras, and I said, “Have ‘em all! Here, you want the envelope, too?” Everyone laughed and he said, “No, I just want one for the file. I really do appreciate pictures.”

The rest of the hearing was insignificant. Except for the parent-agency agreement bit. The judge asked for a PAA, but the prosecutor stated that they weren’t prepared to offer one. The CPS worker stepped up and said that they hadn’t expected this to happen, so they hadn’t prepared a PAA. It would take a little time. She said that they could offer a generic PAA, but given the circumstances, she felt it was more appropriate to have an individualized PAA specific to the case. She said she would feel more comfortable waiting and submitting the specific PAA. The judge agreed and set the next court date for 2 weeks in order to submit the PAA. The hearing adjourned and we all left. As we were walking out of the court room, the GAL stopped us and made sure we understood what had happened. He added a side-note of, “Well, IF they complete their PAA,” with a smirk. He added that a lot of progress would need to happen before she would go unsupervised.

There has been question as to the paternity of this baby. Before the hearing, in the pre-meeting of all the lawyers and workers, there was discussion about a big fight the parents recently had. Apparently they had thrown words at each other and the mom had said how she doesn’t think it’s even his baby. The dad told his lawyer that he wanted to terminate rights immediately at the hearing if it wasn’t even his baby; he didn’t even want her then. All the lawyers were stunned at that – his ability to be so back and forth and insist on TPR if it wasn’t his. Basically, the CPS worker stated how they’re married and our state’s law is that a baby born into marriage is the product of that marriage. Not to mention the father had signed the birth cert and had signed legal paternity paperwork.

I’m numb. I’m hurt. I watched the judge yesterday, and my intuition, which is really strong, is that he was willing to grant the TPR if the prosecutor recommended it. She’s up for re-election in 1.5 months and has been acting really weird lately. She’s been backing out of cases that she used to stand by lately, giving the parents more rights. In the past, she never worked this way. I fear it’s all PR related to the re-election.

My intuition tells me she’s going home. I’ve felt this all along. I’m terrified. They’re not ready to change; they still don’t admit anything is wrong. There’s a lot of lying and denial going on. It is, obviously, my deepest desire that they would actually receive the help they need and take it to heart; that they would change and J can go home to happy, healthy, whole parents. But the truth is soooo much different. The truth is so much more ugly. And I am terrified of the prosecutor now. How can these people sleep at night after seeing this baby’s face and knowing they are giving these people a chance?

I’m in an ugly place today; I’m so angry. I’m mad at God. I’m mad at the prosecutor. I’m mad at the social workers for not saying something to the judge. I’m mad at everyone. I’m terrified of looking at this baby – I’m so terrified she’ll go home and I won’t be allowed to see her ever again. That will be it. And worst of all, I’m terrified something will happen to her once she goes home.

So that is what happened yesterday. This is a long story today, but I needed to get it out. I needed this to process it.

Thank you for your thoughts, prayers, concerns, and words of kindness. I felt peace yesterday as we left; it was good to be able to walk with my head held high even though it wasn't what we wanted.
post #2 of 20
My heart just breaks to think of that baby going back to her awful screwed up dangerous parents. I will h & p that there is eventually a happy outcome for her.

I couldn't read this and not post to give you a big HUG as well.

Beth
post #3 of 20
post #4 of 20
I'm so, so, sorry. I'm glad you shared what happened. I just came here for an update and was horrified to read what happened.

But...take a deep breath. The next steps, whatever they are, are unlikely to happen quickly. The PAA will likely have many parts to it. I doubt that unsupervised visits will begin until the parents have actually been compliant with a good portion of it. Even if you go back to court in two weeks, things after that point will probably move slowly. At least, I think they will.

What was the plea that was being offered? I don't get how unsupervised visits are even on the table. Are they part of the plea?

I wouldn't worry about the fact that the GAL and the parents attorneys know each other. It's the way it is here. When the judge needs to assign a new GAL, he(she) often asks one of the attorneys or GALs that are in court that day. It happens quite frequently when they are assigning GALs for the parents (which is also quite common.) All of my kids birth mothers and one birth father have GALs. And my fd's mother's attorney is a state senator so she knows everyone.

Hang in there. I know it's hard. I wish I could reach through the screen and give you a long hug (and I'm not a hugger.) Feel free to come vent any time. We're here for you.
post #5 of 20


What a terrible, terrible day. I can't believe that you weren't given the GAL's name from the get go. It's great to bring the pictures, I think having a face reminds all the people involved that there is an actual living breathing person who who needs them to protect her. Not protect their jobs or be worried about anything other than the child. But that isn't always the way it works.
post #6 of 20
Thread Starter 
Quote:
Originally Posted by BethNC View Post
What was the plea that was being offered? I don't get how unsupervised visits are even on the table. Are they part of the plea?
I don't understand the "plea" part of it; I'm calling the foster care worker on Monday with a list of questions. During the acceptance part of the hearing, the dad's attorney stated that he was "amending" the petition and removing a portion of it, like a paragraph. I believe, though I couldn't see it, that they were removing a portion that stated the abuse against the former children. The mom's attorney said she pleaded no contest. The only reason the unsupervised came up is because I was freaked out about that. I asked a lot of q's about it to the GAL; the judge ordered that the visitations continue 1 hour a week, supervised at DHS.

Quote:
Originally Posted by alicia622 View Post
It's great to bring the pictures, I think having a face reminds all the people involved that there is an actual living breathing person who who needs them to protect her.
From here on out, I will be at every hearing. I will meet with the GAL prior to every hearing. And I will bring pictures for every official involved. I want to be sure that they see her face every time; that they remember this is a little girl - not a name on a piece of paper. A sweet, beautiful, smiley, blue-eyed, sunshine of a baby girl.
post #7 of 20
I am so sorry for you. My thoughts and prayers are with you and your family.
post #8 of 20
So, the judge wants supervised visits. That makes me feel much better. Those can go on for a really long time. Still yucky, but at least the judge is protecting the baby.

I'm glad that we helped you decide to go (at least I think we did.) Even if you don't get to say anything (which happens sometimes,) it's important to hear what's happening and to be visible. Sharing pictures is really great. Polliwog's GAL was coming out to the house every month but she didn't come in September. I should give her a call and see what's up.

(((Hugs.)))
post #9 of 20
I'm sorry. Welcome to the system i guess. The crappy system.

I wish your fd had my son's GAL...she called me up, has been to visit, was clearly in favor of adoption, called me right after the latest hearing to update me. Super nice. If i didnt appreciate her enough before, i sure do now, after hearing your story!

I also dont think its necessarily an issue that all the lawyers are friends...i've watched Law and Order enough to know that thats pretty common. BUT they all sound like they are taking this baby's life and safety less than seriously, and thats sad.

Katherine
post #10 of 20
Thread Starter 
So we've determined that DHS can be trumped by the prosecutor. But what about this parent-agency agreement: does that trump everything?? I know that the SW is livid about this decision, esp because the drug screen came up really questionable and substance abuse is a big issue in this case. So I know some of the key points she will be making in the treatment plan. I also know that the parents adamantly deny there's any DV currently (or in the last 4 years), and mom has refused to go to AA because she feels it's ridiculous and she doesn't have any substance abuse problems. Does this treatment plan trump it all?? If dad either, 1) doesn't go to DV, or 2) goes and the therapist sees the truth - that he still won't admit his possessive behavior, and mom won't follow-through with SA work or runs her mouth about how stupid it is, will that make a difference? Also, what happens, when we show up in 2 weeks to place the PAA on the table, if the parents reject parts of the PAA? Do they have that right? I know the SW has said that if the mom tries to refuse the DV portion, she will have an issue with it and call her bluff on being in denial. Can they "amend" the PAA, or do they have to do what's on it in order to continue fighting for their daughter?

Tonight, the reality that she could go home hit me. They won't rock her to sleep. They won't keep the sheets on her bed clean. They scream a lot. They yell and cuss constantly. They allow drugs and alcohol regularly in their home. There's allegation of sexual assualt on two young girls by the father. How can anyone return her there? How can a GAL say, "I don't think they've done anything wrong."?

It's not over, right? If they screw up and can't follow through on this treatment plan, it's eligible for TPR, right? If they go through these classes (big "if" considering they can't afford life right now and beg/borrow gas money for visits as it is now - then add on court costs they're now ordered to begin paying on, the cost of classes and counseling, and the everyday costs), and they run their mouths about how "stupid" this whole situation is, and how they've done nothing wrong, then they could still lose her, right?

Please....somebody give me a glimmer of hope. It's not over until it's over, right??
post #11 of 20
Thread Starter 
Quote:
Originally Posted by BethNC View Post
I'm glad that we helped you decide to go (at least I think we did.)
Beth- you guys all saved my butt here!! By convincing me it was the right thing to do to go, I was able to show her face to everyone. I was able to meet the GAL and push him over the edge. I was able to give her a voice. You have NO idea how forever indebted to you all I am! I had no idea how much of an impact I would lose if I didn't show up. Never again will I forfeit my right to attend.
post #12 of 20
bens_mommy, I have to head to bed for a *long* day of work tomorrow, and I am sorry that I don't have many answers anyway. I just want to say that this is most likely going to be a long journey. Ours with dfd seemed so clear from the start, but here it is...she'll be turning three in a matter of months and there is no resolution yet. It is a blessing and a curse.

Just remember that this time is more time you have to protect her. That's the blessing. And no, it is not over until it is over. That's another blessing. But the ache of not knowing, I can't tell you it will ever go away. What I can tell you, and the hope I wish you to draw from all of this is that things right now are really, really raw. Life has taken some twists and turns here, but you will adapt to this new normal, and at some point you aren't going to think about this every moment of every day. At some point, the scream inside your head will fade. You'll worry and ache, but life won't feel like *this*. At some point you will find yourself enjoying your dfd with no thoughts of "where will this lead." Of course you'll also have those times of wringing your hands and fearing more than you could have ever imagined before this journey started-- especially around visitations, around court dates, and all of that-- but there are going to be days in between.

It is not a comfort in the least, but when we can hack it emotionally, it does help to take on as a mantra the line suggested by a user named MillionMalls recently on this board. It was: "our role is to provide care for whatever period of time...OTHERS get to determine that. We are needed until they decide we aren't. Our role is to accept and support decisions on a surface level, even when in our heart or hearts, we wonder what planet these decision-makers live on." Of course, though you have so little reason to hope for change in this person in your life who gave birth to this baby, the good news is there are no unsupervised visits and your dfd is safe right now. Time will either make this baby's home of origin safe, or hopefully in the absence of that, dfd will stay with you. You have only a small amount of control (and I am so glad you are taking all of it and advocating for your dfd in light of her unchanged parents), but at least for now, the decision makers are showing the little wisdom required to keep your dfd safe in that they aren't allowing unsupervised visits. If these decision makers continue to show just a tiny bit of wisdom or even common sense, she'll stay with you if it isn't safe for her to leave. There are no guarantees, but so far, so good (in light of the unexpected).

This is not easy, this thing you signed up for before ever knowing what you were getting into (and none of us can ever *truly* know what we are getting into when we begin to foster). I wouldn't wish the pain I know you must feel on my own enemy. Truly, my heart is sinking for you and your family. Do your best to get some rest and take care of yourself. We'll pray and send your family our thoughts and love for the protection and best interests of your baby.
post #13 of 20
I don't know what to say but I am thinking of you
post #14 of 20
Thread Starter 
Sierra - Who in this gigantic universe are you?? You are a walking legend of wisdom, I swear. I can only hope to one day possess the grace and wisdom you exude.

Thank you.
post #15 of 20
Wow, Sierra, you must be really good in your work.
post #16 of 20
bens_mommy
I am so sorry. I completely know where you are right now, I am in the same place. My kids just headed off for their first unsupervised visit when we're supposed to be having the termination hearing tomorrow.

I have no words to comfort you, just that I am so so sorry. This system is just so screwed up.
post #17 of 20
Thread Starter 
So I think I've got it today. I've *watched* (through a cyber screen) all of you women talk about this process like it's not killing you, eating you alive. I've admired you and wondered how you do it. Today as I was rocking d*bio*s to sleep, it hit me: a peace. The thought that she *is* going home, and a peace. I realized it's time to start thinking that she's going home, and referring to life that way. WHEN J goes home, not IF. I felt calm, a settle, a peace. I felt like I could do this. Like I will survive this. And I will have more bio children, and I will even be willing to open my home to more foster children (that was huge for me....I actually wasn't sure we'd ever change our license for anyone else - I wasn't after all looking to foster). It really brought me closure to this emotional tug of war I'm in. If I look at it as she's going home once her parents accomplish everything, then we can be prepared. Then she can be better prepared, and my boys don't have to hurt nearly as bad as if she was ripped out of our arms.

So I called her maternal grandma and offered to mail her some pictures. This is a woman who, despite how much I personally don't like her, was present for this baby's birth, and now she hasn't even seen her in two months since the day of the removal. I felt something for her today; that loss was so real and so palpable. The family became something real to me today; not just some monsters that she needs to stay away from. Disfunctional as they are, they are real. Fighting them will only hurt her more. It was such a powerful feeling. I actually got my house cleaned today! I'm free from the bags of guilt and anger weighing me down.

I think I felt guilty for the way the hearing went. If only I hadn't called the mom to let her know we were coming.... If only I had met with the prosecutor... If only I hadn't slipped up and told her this or that or whatever else..... But the truth is, none of this is my fault. I can't expect myself to fix it all and carry this guilt. I feel deep down like if she goes home, I've failed her somehow. That's not true. Today, I let go of that, and it felt GOOD! I know that every day will be a struggle, but I'm learning how to embrace this mess that is foster care. I even think I *want* to do it again!

Just wanted to share my *aha* moment with everyone....I'M SURVIVING!!
post #18 of 20
Bless you.
post #19 of 20
Thank you for sharing.

I hope to find peace in my situation as well. I admire you for finding it. If you ever need to talk, I'm here.
post #20 of 20
Thank you for sharing with us. I am celebrating the peace you are finding today. There is peace to be found in all of this. You are right.
New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: Adoptive and Foster Parenting
This thread is locked  
Mothering › Forums › Parenting › Adoptive and Foster Parenting › Update on our court hearing - LONG!! *new #17*