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Re: Still fighting for my daughter (Reply to this comment)
by AinsleyJo
This gives me an idea for a W/O. When I get it set up and posted, I'll come back here and post a link to it.
This will be a little bit, because I have a few other things I need to take care of, but I'll let you know!
Love & Prayers To Everybody Here!
AJ :o)
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Oct 04 '04
8:34 am PDT
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Still fighting for my daughter (Reply to this comment)
by tcarlos
This is an update to let you all know what happened in my court case.
In March of 2003, I went to Tennessee to file for custody of my daughter. I went before the judge 2 weeks later, and then went that same day to a judge upstairs that would eventually hear my case.
I was appointed an attorney by the name of Steve Mills. The judge assured me that I was in very good hands. We also had a court date set for Sept. 17, 2003. I was hopeful. I was wrong though.
In the six months that Steve Mills had been appointed to me, I spoke to him only 3 times. I should have known that something was up. I wanted to believe he would help me, boy was I wrong.
The 3 times that I did talk to him, he kept telling me that I didn't have a chance. We were going in front of a judge who terminated whether there were siblings or not. That to me, is not right.
The day of the hearing, I walked into the courthouse with my other daughter, to find my lawyer talking to my daughters attorney. She had it out for me to begin with anyway. It didn't matter that I was never charged with any crime against my daughter, or that there was another sibling involved.
As we were sitting there, I noticed a piece of paper on his file about my daughter who had gone to see a therapist. The report stated that my daughter had indeed told the therapist that she wanted to come home and live with me and her sister. That evidence was never used. Neither was the fact that my mother had a heart attack either.
Two hours into the hearing that day, my attorney asked for a recess. We went out into the hallway, and my attorney told me that I needed to make amends with my mother, because I didn't have a chance of winning my case. For 20 minutes, I told him that I didn't drive 8 hours to give up any chance of getting my daughter back. He told me I really didn't have a choice, that I wasn't going to win my case.
After all the badgering I received from him at that time, I caved. He would have blown the case for me anyway. So my rights were terminated, and I was devastated.
I got to see her for a couple of hours before I returned home. Leaving was the hardest thing I had to do that day.
By the time I got home, my ex-husband said he would help me come up with a retainer fee for an attorney that I would be hiring out of pocket. Needless to say, that didn't work either. He was supposed to file an appeal in the chancery court, and he didn't. He filed the appeal in juvenile court twice, and both times it was denied. That was all he had filed. Once in October 2003, and once in March 2004.
We didn't find out that my mother had adopted my daughter till sometime towards the end of March, beginning of April. Thats when he told me that in order to take care of the adoption, which was a separate order, his retainer was $4000. I had already paid him $5200 total as of February 2004.
As of now, he is not taking any more cases. He does however want me to call him when I have the additional $4000 to deal with the adoption.
I have already missed the deadline because of him, and I'm planning on sueing him, the attorney appointed to me, and my daughter's attorney.
Maybe this might help get my case looked at. Maybe something good will come of this.
Tisa
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Oct 02 '04
10:09 pm PDT
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Just have faith (Reply to this comment)
by tcarlos
Dear Michelle, Kelly, and Kiera,
I'm a mother who has lost her oldest daughter to the courts of Tennessee as well. I know how you feel. I'm also in the process of trying to have my rights reinstated as well, and I'm hoping that it will make the adoption of my daughter null and void as well.
My heart goes out to all 3 of you, and I will keep you in my prayers as well. If you ever need to talk, please feel free to email me at anytime. I would gladly talk to you. I may not be able to do anything, but I'm good at listening, and who knows, maybe we may be able to figure something out as well--for the both of us.
My best wishes, and fondest regards for Kiera's return to her real family.
God Bless and take care.
Sincerely,
Tisa Carlos
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Apr 13 '04
12:24 am PDT
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I'm Passing This On!!! (Reply to this comment)
by AinsleyJo
Just a note to let you know I've spotlighted this writing here:
http://www.epinions.com/content_3823149188
Thanks for the inspiration!
Warmly,
AJ :o)
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Mar 12 '04
7:22 pm PST
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Disturbing story (Reply to this comment)
by jmatsu
I assume that you have already tried news organizations, like
News Channel 5 out of Nashville?
investigate@newschannel5.com
615-244-NEWS
http://www.newschannel5.com/content/investigates/
the Knoxville News
http://www.knoxnews.com
Fox News Channel
Studiob@foxnews.com
Ontherecord@foxnews.com
(or the local affiliate)
or some syndicated columnists who are always looking for subjects, like
Michelle Malkin
malkin@comcast.net
www.michellemalkin.com
If you want to try these (assuming you haven't already), then don't just send them your review.
I recommend rewording the first paragraph, so that in the first 30-80 words they understand the situation: the cronyism, coverup, abuse of power, and blatant misdiagnosis that has caused this mother to be separated from her child.
You only have a few seconds to grab their attention or they won't read the rest of the email. It might be a good idea to trim the content a little--you can always refer them to your review if they want to know more. Hopefully they will.
Good luck.
-joy
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Mar 11 '04
12:28 am PST
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Wow. (Reply to this comment)
by Candice923
That is absolutely HORRIBLE. I can't belieev that all of this is happening. Good grief. Good luck to your friends.
Candice
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Mar 02 '04
5:13 pm PST
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I've Just Put An Announcement Re: Article. . . (Reply to this comment)
by AinsleyJo
. . .on my profile page as well as writing an e-mail to someone down that way who might be able to help.
Will be sharing this story even more places.
Let me know what happens!
Love & Prayers!
AJ :o)
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Feb 23 '04
10:45 am PST
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Re: Thank you Donna (Reply to this comment)
by Arthur.Rubin
You wrote:
We can't afford another attorney. We spent thousands of dollars on the one we had. She was not helpful I'm sorry to say.
That's because, as you pointed out in another comment, you have no legal "standing" in the case. Kelly does. Perhaps your "current" attorney would be willing to take Kelly as a client at a discount, because she (the attorney) should have known that you don't have legal standing.
I can understand the cost considerations, but I suspect a good lawyer could make a case that Kiera's first Guardian was incompetent, and the Kiera has a right to appeal the initial decisions or request that they be voided...and that her second Guardian was incompetent in not bringing that up.
But I'm not a lawyer -- nor do I have a spare $7500 lying around, although I could probably scrounge it up somewhere. (Where is that Epinions check?)
Does Kelly qualify for Legal Aid? Are there any charitable organizations which provide legal services for the mothers of children unfairly taken from them by CPS? As a last resort, you might go to the news media, but keep in mind that could put Kiera in the spotlight, which may not be good for her.
Don't give up!
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Feb 22 '04
9:57 am PST
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I would like to second the opinion... (Reply to this comment)
by Arthur.Rubin
that "you" (as grandparents) should hire an attorney to represent Kelly.
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Feb 21 '04
2:22 pm PST
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Re: Questions about the update... (Reply to this comment)
by LisaDo
I'm breaking the answers down as you asked them. I also emailed Michelle so she could hit on anything I miss.
1) Kelly has a court appointed attorney, yes. She had one in the beginning, as well, who went on to a new job and just left Kelly alone. Both were court appointed and didn't have any real interest in the case.
2) The case worker has lied on the stand. She has said Kelly still hasn't taken counseling, when they have the proof that she has. They don't have to prove anything. It is a case of guilty until proven innocent. They said they told her and that has been good enough for the judge.
3) Kelly is at the same job and the same apartment she has been in since before this all began. All of her info is the same.
4) As for leaving the area, she was told that would be "abandonment" for Kiera and she would never get her back. Also, if she changes jobs or moves that "proves" she doesn't have a stable life. They are saying she can't protect her child, instead, to keep her out of Kelly's home.
Kelly HAS proof. She has had witnesses in court testify on her behalf, including the original case worker. She has given them letters of completion for counseling and parenting classes. The judge has been given ALL of this. It hasn't mattered.
Lisa
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Feb 20 '04
10:23 am PST
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Try Contacting the Television Media/Talk Shows (Reply to this comment)
by kunityy8659
My heart goes out to all of the innocents involved in this case... Has anyone tried contacting some of the better known reputable talk shows - such as Oprah, Montel Williams, or Maury Povich. Try that... it can't hurt the situation, as far as I can tell.
God Bless All... You will be in my thoughts.
Kelly
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Feb 18 '04
9:48 am PST
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Update (Reply to this comment)
by LisaDo
PLEASE send an email to one or all three I have listed! We need your help!
Lisa
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Feb 12 '04
4:44 pm PST
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You know (Reply to this comment)
by Suzer
There are some very caring attorneys around (a few), and there might be one willing to do it at no cost (in pro per). Might be worth checking into.
Suzi
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Jan 29 '04
4:19 pm PST
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Gotcha!! :) (Reply to this comment)
by LisaDo
Thanks for the tip! I'll be sure to do that! :)
Lisa
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Jan 27 '04
7:13 pm PST
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Re: A helpful hint... (Reply to this comment)
by AinsleyJo
I'm with Arthur. I also have a few ideas of my own, but I'll let you know more details when I'm actually able to get them in motion!
Hugs!
AJ :o)
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Jan 27 '04
7:29 am PST
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A helpful hint... (Reply to this comment)
by Arthur.Rubin
Some of us set comment alerts on this review, but Epinions doesn't have update alerts. So, if you (LisaDo) could post a comment when you update the review, I, for one, would go back and look at it.
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Jan 27 '04
6:38 am PST
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This might sound silly, but... (Reply to this comment)
by CJsMommy
Has Michelle considered writing to Montel or Oprah, or someone like that? I have seen them both discussing things of this manner, and they seem to be able to get things done. I know people may poo poo this suggestion, but if they are truly out of options, then what can it hurt to try.
Jen
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Jan 26 '04
6:30 pm PST
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awful situation (Reply to this comment)
by artemis8
I'm really sorry to hear about what's going on to Kiera. I am a licensed foster parent, although there are apparently more fosterers than children needing foster in my county in the Kansas City area, and I have not fostered any children yet. I haven't seen my system at work, but I've heard that it definitely can be disheartening on both sides, including giving a child back to a parent(s) that really shouldn't be allowed to have their children back. And my cousin-in-law had her parental rights terminate with reason.
Unfortunately no child protective service can be perfect, but I truly hope Kiera gets back with her mother.
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Sep 26 '03
7:58 pm PDT
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Hi (Reply to this comment)
by Klaxon_Oil
After reading your article it amazes me how much careers are made and broken on this type of issue. Here in Maine we've paid for the head of DSS and his mistakes. Losing huge sums of money in several mistakes and miscues his offices have also paralyzed several others. The losses are staggering and also there are factors which are to gross to list. Your description of the CPS fits ours to a perfect "T". However, the head of DSS may resign if he continues to keep his job then I see a gross misuse of powers in those factors.
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Jun 28 '03
9:13 pm PDT
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Re: Re: Re: hi (Reply to this comment)
by Suzer
Hmmm, thanks for the update. It does sound like maybe she needs to start talking to the news stations, 48 hours, new magazines of various kinds, and perhaps find an excellent attorney pro per, if possible.
Suz
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Jun 12 '03
6:19 am PDT
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Re: Re: Re: hi (Reply to this comment)
by AinsleyJo
My advice to Michelle & family is not to wait until September and lose so much more time that could be spent with their little angel!!!
Instead, it's high time that this case goes into the public arena provided by the media!!!
Begin to contact talk shows, news magazines, etc.
Take this story to newspapers and magazines!!!
This is war!!!
But I believe you're going to win!!!
Hugs!
AJ :o)
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Jun 11 '03
4:09 am PDT
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Re: Re: hi (Reply to this comment)
by LisaDo
Right now, it's hurry up and wait. :( Michelle would like a new attorney, but the retainer is keeping her from getting him. I guess the judge refused to hear the case, so Michelle still won't get her day in court. :( So, no court this month as she had thought. :( Right now, she is still trying to get her day in court and her daughter is appealing, but it will probably not be until Sept or so before she can get a date. :( They still haven't heard from the reporter, either. :(
Lisa
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Jun 10 '03
3:07 pm PDT
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Re: hi (Reply to this comment)
by Suzer
Lisa, what is the current status on this case? Do you know?
Suz
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Jun 10 '03
6:17 am PDT
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hi (Reply to this comment)
by ned1
just wanted to say I have no words of wisdom what to do, but I have been reading your story for quite some time and I somewhat know how yor friend feels.
In August of '93 my 4 month old son was rushed to the hospital after he stopped breathing at daycare. again I repeat he was at DAYCARE when this happened.
when they suspected he had been smothered or drugged, guess who the prime suspects became - my husband and myself and the baby wasn't even with us when this happened.
police and others kept coming in and asking us questions - like we knew why our baby was lying in a hospital bed hooked up to monitors and IVs. It took two days of screaming, cursing and yelling to make those idiots realize he was fine when we left him and the daycare provider did this to him.
we're lucky he recovered and that he got to come home with us - because for two days it seemed like that might not be the case. I can only hope for a positive outcome for yor friend.
Nancy
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Jun 09 '03
6:12 am PDT
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This is beyond awful!! (Reply to this comment)
by vinceneilsgirl
This baby belong with her mom. You mentioned that the child is of a mixed racial background. I sense some racism on the part of CPS.
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Jun 02 '03
1:53 pm PDT
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That Just Plain Sucks!!! I Would Appeal!!! (Reply to this comment)
by AinsleyJo
This is so scary!!!
Back here in Indiana, we had a case where--when read literally--there was this eight year old boy with CP who had been confined to a wheelchair, and his mother had set the house on fire to hide her neglect of him.
Frankly, I think there's more to this story, so I'm going to give you my take on it.
There was a young, single mother who had a handicapped son whom she had a hard time getting to eat or take his medicine.
However, she also had other children.
When her son died, she was afraid that this would mean losing her other kids, too, so--out of desperation--she made it look as if there had been a fire caused by a malfunctioning fan in his room and he hadn't made it out alive.
The truth was that he had been dead for several hours to a day before the fire.
I think that a lot had been going wrong in the case of this boy, and the mother had kept putting off asking for outside help, thinking that she could finally fix things herself--and, with things like this going on, I could see why she might feel this way.
Not only would she end up losing her special-needs son but her other kids, too!
Then, when he ended up dying, she tried to cover up his death by staging an accidental fire--but an autopsy showed that he didn't inhale any smoke, meaning that he had died sometime before the fire.
People--especially, parents who are poor, single, gay, uneducated, and/or "unacceptable" in any way in our society--are going to be too frightened to get help due to fear of losing their kids until this self-righteous smugness of "conventional" people (especially, among the powers-that-be) stops!!! :o(
Keep on fighting the good fight!!!
Hugs!
AJ :o)
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Feb 13 '03
1:32 am PST
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Stupid Internet Connection!!! (Reply to this comment)
by AinsleyJo
My Internet connection got stupid on me again before I was able to do all I wanted to re: this issue.
However, I'm back now and will continue!
My prayers will be with this unfortunate family on January 10 and the days leading up to it--and will continue to be after that!
Love,
AJ :o)
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Jan 07 '03
1:42 pm PST
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Re: Jeesh Lisa...... (Reply to this comment)
by AinsleyJo
I have a kneecap that does the same thing--and I remember how I screamed when it was moved for any reason, including getting it x-rayed.
The year was 1965, and I had just turned 12. I would find out many years later that I had been born with this condition but that it had just begun causing me trouble that spring.
They were finally able to locate our family doctor (this was before the age of pagers and cell-phones), and he came over to me and asked me how I was doing.
I'd had surgery before on a hernia when I was three, so I asked him if he would put me under before he worked on it, and he replied, "I'm not sure. Let me take a look at it!"
Even though I was screaming bloody murder, I was able to hear this loud, sickening-sounding pop--and was amazed (and greatly-relieved) to find my knee back in its proper place.
"See, honey," Dr. Polhemus told me, "we didn't have to put you to sleep after all!"
I was out of school for a couple of days after that--then, things were back-to-normal.
Thankfully, I wasn't one of those whose kneecap dislocated on a regular basis, but it did happen again.
And I learned how to replace it myself.
These days, the recovery is a slower one.
Anyway, I feel for your daughter--and for you, too.
I wonder what it would have been like for me back then if I'd not only had to go through the horrible experience of a dislocation but, also, ended up in an orphanage or foster care without even understanding why.
Of course, I came from a two-parent home in a small community--and I'm one to think that single parents often get discriminated against. This is especially true of single mothers!
Sometimes, in fact, single people get discriminated against in general--like where some people think there must be something wrong with us or we would be married right out of high school.
I could write a whole Epinion on this issue!
But I'm so glad your little girl went home with you instead of being taken from her mommy after going through something like this.
Hugs!
AJ :o)
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Jan 07 '03
1:36 pm PST
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I am so sorry (Reply to this comment)
by Suzer
for all everyone has had to go through, especially Kiera. My sister was a CPS worker for six months. She was so frustrated with the system she left. Kids were removed who had no business being removed, and she was helpless to protect those who should have been removed.
Wishing Kiera and her family the very best that this will all be resolved quickly.
Suz
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Jan 03 '03
8:31 am PST
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Re: Jeesh Lisa...... (Reply to this comment)
by LisaDo
That is horrible!!! :*( I'm scared to death to take Zacky anymore. He had a scratch on his eyeball from rubbing his eye and he scratched it with his fingernail. Oh, yeah. I got weird looks like "what did YOU do to that baby????"
It's insane anymore. :( Thanks for sharing your story!! I don't know if there is anything anyone but the judge on January 10th can do. :*(
Lisa
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Jan 02 '03
9:12 am PST
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