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Cases and Testimonials
Not all our client-families end up in court custody battles, but the cases below did, and all three needed both our Social Services and Legal Departments at work.
Home for the Holidays, Finally.
13-year old girl with significant physical disabilities had been in foster care since she was an infant, cared for by the same licensed caregiver/foster mom. With the permission of CPS, she made an effort to maintain contact between the child and her maternal grandmother and biological mother, who are also of a special-needs population.
The child flourished. All was well until about a year ago when the state foster care licensing agency began proceedings to revoke the foster mom’s license over concerns that foster mom was acting erratically. However, both CPS and the guardian ad litem (minor’s court-appointed attorney) agreed that the concerning behaviors were isolated incidents, and both supported her retaining custody, especially in view lifelong bond that had developed between them.
Nevertheless, the child was removed from the home. The licensing agency pursued revocation of the care license. Defenders of Children was contacted by both the foster mom and the maternal grandmother for assistance. Defenders ascertained the need to return this now-distressed child to her family as she wondered why her family “didn’t want her anymore,” and why she was unable to be with her foster brother, still in the home. Defenders was able to obtain a caring volunteer attorney to represent both parties: she was successful in stopping the license revocation, and after several court appearances, the child was returned to the foster mom. The Judge expressed displeasure with parties that opposed the reunification. The girl is home for the holidays and enjoying her relationship with her “mom” biological mother, grandmom and brother.
Here’s a thank you note from Grandmom, and another from the foster mom, received November 2009:
Dear Defenders of Children:
You touched my heart when you said “I think we can help you.” Not only did you say it, but you proved it…. Your help was just what we needed. You knew what to do and helped me help myself. I am so appreciative for your willingness to go the extra mile.
Sincerely, SD.
and
Dear Defenders of Children:
You’ve made this holiday season extra special. With no resources except my love and commitment to “Sunny,” little knowledge of the system or our rights, I was desperate for guidance and support. The kids and I are so much more than a foster care situation – we are an extended family. The volunteer attorney you found for us led by example, helping me to bring Sunny home, and helping me personally during this traumatic time….
I will forever be grateful,
Best wishes, LK
What’s Wrong With This Picture?
Defenders of Children assisted in protecting her two children, ages 2 and 3. The children’s father has an extensive history of violence against both the mother and the children. In fact, an CPS case was open at the time mother approached our agency. She came to us because the court had made an initial ruling to grant sole custody to father, the obvious history of child abuse and domestic violence, which the court is obliged to consider, and despite that these tender age children didn’t really know him, and had never had an overnight visit with him. Complicating the case was that both mother and father were without legal representation and, due to their individual cognitive disabilities, were unable to understand and participate effectively in the court proceedings.
Defenders obtained a volunteer attorney dedicated to the case to represent mother in the custody proceeding, and after several months, mother was awarded sole custody of the children. The children are currently doing well in the care of mother and maternal grandmother.
The Grandmother and Aunt spoke at a Defenders luncheon in August. The following is some of what she said:
“There is no way to express my gratitude for Ginger, our case manager, who was with us every step of the way. She was there personally to hold us up, to keep me sane, to help keep my mentally-retarded daughter doing what was needed to protect the kids. I was lost and buried until Defenders of Children was there for me, for these kids, when no one else would even listen before and after the Judge made the first ruling that was so backwards, so frightening and ignored that the father’s mental disabilities and behaviors. I’m grateful to Donnalee who trained Ginger and David for answers to legal questions and pointing us to the terrific attorney who worked tirelessly to keep my grandkids safe. They are now safe, and everyone is happy and healthy and I can sleep at night ….
Thank you, from all of us. SR
Mom Killed. Is the Child Safe With the Suspect?
Defenders assisted a maternal grandmother in obtaining full legal custody of her 2-year old grandchild following the death of the child’s mother in Northern Arizona. The mother died from a gunshot wound after a confrontation with the child’s father. While the father asserted the death was a suicide, there is still an open investigation on the cause of death. In addition, there is significant history of violence by the father against the mother, and father is also facing charges of violating an Order of Protection many times against a teenage girl.
When Defenders was contacted about these circumstances, the father was attempting to obtain full custody of the toddler. The grandmother did not have the resources to obtain a lawyer, and so, after ascertaining this case met our critieria, Defenders obtained a volunteer attorney – one who had just completed our Volunteer Attorney Training! – and who spent significant hours preparing, and driving hours to and from Northern Arizona for the custody case. As a result of his above-the-call-of-duty efforts, the toddler now is assuredly safe in the full legal custody of his grandmother.
Run-Away Teen
And here’s a dialogue with a run-away boy, who calls Defenders periodically
to update us on his new, safe situation:
July telephone call: But my [buddy] told me I could trust you and you would help me. Are you gonna trace this call. [No, we have no way to do that anyway.] I’m on the streets. I got beat up. My friends think I have a concussion. I think I have a broken hand. I won’t go to the police and I hate CPS because they won’t let me be my family where I want to be.
[Within days, Defenders’got him in to “come in” off the streets where he was in another Arizona city, accompanied him immediately to a free medical clinic for emergency diagnosis of the possible life-threatening concussion and related, and within the week got him back into the system where he was put back into foster care and received full medical treatment]:
September: Hey I wanted to say Thank for getting me a doctor and help and all. My hand is better but I guess my hearing is bad from getting beat up. I’m doing better. I’m in a foster home with a mom and a dad. I got in some trouble and got kicked out of a group home, but I still want to get home to my folks but CPS won’t let me. These folks are nice though. You keep telling me good things about being a kid but now growing to be a man and I want to be that.
December 22: Hi, This is K…. Do you remember me? [Yes of course, how are you?] Well I wanted you to know I’m home! I’m getting adopted this month! I’m doing better. I got in some trouble, but I keep doing what you said, doing the next right thing.
[That’s wonderful, I’m happy for you…] Yea, and I wanted to say Merry Christmas.
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