9 Year Old Begs to go Home

Discussion in 'Up to the Minute' started by gitana1, May 16, 2014.

  1. gitana1

    gitana1 Verified Attorney

    Messages:
    14,560
    Likes Received:
    156
    Trophy Points:
    63
  2. Loading...


  3. CHERIE.T

    CHERIE.T Former Member

    Messages:
    8,281
    Likes Received:
    1
    Trophy Points:
    0
    This is so wrong, so effd up.
    My God she will run away or commit suicide.
     
  4. Ausgirl

    Ausgirl Enough Is Enough!

    Messages:
    6,481
    Likes Received:
    20
    Trophy Points:
    0
    My heart aches for this child.

    If people had listened to ME as a kid, I would never have been sent back home time after time to the situation in which I was abused, neglected and molested.

    WHY would they do this???? Why is the well-being of a child STILL less important than 'procedure' and paperwork??? It's just insane. :(
     
  5. popsicle

    popsicle faith hope love

    Messages:
    22,096
    Likes Received:
    59
    Trophy Points:
    48
  6. Elley Mae

    Elley Mae The enemy is here. beware

    Messages:
    16,811
    Likes Received:
    74
    Trophy Points:
    48
  7. popsicle

    popsicle faith hope love

    Messages:
    22,096
    Likes Received:
    59
    Trophy Points:
    48
    I am not understanding why she wasn't turned over to the bio dad's mom.

    During the course of Father’s legal troubles, the saga of S.J.M.’s custody continued. In November 2005, DCS requested Nebraska to do a home study of Father’s mother, P.M., as to her home’s suitability as a placement for S.J.M. P.M.’s home was approved in August 2006.
     
  8. gitana1

    gitana1 Verified Attorney

    Messages:
    14,560
    Likes Received:
    156
    Trophy Points:
    63
    According to the appellate brief, her home was approved after a home study but that doesn't mean she was. According to the adoptive parents, the grandmother was not ultimately approved by DCS.
     
  9. gitana1

    gitana1 Verified Attorney

    Messages:
    14,560
    Likes Received:
    156
    Trophy Points:
    63
    That's incorrect. The court was supposed to hold a best interest hearing and did not. The appeals court ordered the child returned to DCS custody. Not to the father. A study should've then been conducted and a hearing held to determine the best interest of the child.

    After hearing, the court could've determined that it was in the best interests to return to the father or to stay with the adoptive parents as foster parents or a different option altogether.
     
  10. gitana1

    gitana1 Verified Attorney

    Messages:
    14,560
    Likes Received:
    156
    Trophy Points:
    63
  11. Frigga

    Frigga New Member

    Messages:
    5,229
    Likes Received:
    1
    Trophy Points:
    0
    It just seems so many times to not be about the women or children- it often appears to be such a patriarchal machine driven by mysogynists. Not always, by any means, but a lot, IMOO.
     
  12. Elley Mae

    Elley Mae The enemy is here. beware

    Messages:
    16,811
    Likes Received:
    74
    Trophy Points:
    48
    Ok Yea the court thing. That is the judges fault not the fathers. jmo His record of traffic violations is nothing. But if it is then all children should be removed from homes that have parents that have traffic violations. She still belongs with her father, the courts screwed up. jmo
     
  13. Kip

    Kip Member

    Messages:
    359
    Likes Received:
    14
    Trophy Points:
    18
    IMO, the courts are treating this child like a piece of property (determining ownership rights), not as a human being. This child needs her own lawyer.
     
  14. newone

    newone 2nd mouse gets the cheese

    Messages:
    12,613
    Likes Received:
    1
    Trophy Points:
    0
  15. JeannaT

    JeannaT Former Member

    Messages:
    8,637
    Likes Received:
    1
    Trophy Points:
    0
  16. MyBelle

    MyBelle Active Member

    Messages:
    9,814
    Likes Received:
    0
    Trophy Points:
    36
    I remember reading about this case months ago and it is a real mess because of the actions of a baby sitter. It is complicated by the fact that legally, Nebraska was the home state of the child. It was her baby sitter, not either parent, who took her to Tennessee. The baby sitter later decided she could not care for her and "gave" her to the Tennessee couple to care for rather than returning her to her family in Nebraska. Her father and his family have been trying to get her returned ever since.

    iirc, a few years ago, the child's paternal grandmother, with a very low income, took in many children belonging to her nephew after he decided he couldn't raise any of them after their mother died. He dropped them off at a hospital and went on his way.


    JMO
     
  17. gitana1

    gitana1 Verified Attorney

    Messages:
    14,560
    Likes Received:
    156
    Trophy Points:
    63
    Holy cannoli. Traffic violations? This guy has an extremely extensive criminal history including multiple violent felonies. He has spent most of his life since the age of 13, incarcerated. Please take a look at the link above. He has also had two domestic violence restraining orders against him.

    She did have a GAL and an attorney. Neither had ever met her before the one hearing date that resulted in her going back to the father. They did not know the color of her hair when asked, according to the adoptive parents.
     
  18. MyBelle

    MyBelle Active Member

    Messages:
    9,814
    Likes Received:
    0
    Trophy Points:
    36
    the lower court erred in terminating the father's parental rights. Unfortunately, courts do make mistakes and this results.

    JMO
     
  19. gxm

    gxm New Member

    Messages:
    3,392
    Likes Received:
    0
    Trophy Points:
    0
    I hope the adoptive parents keep fighting for her. Sonya's life depends on it.
     
  20. gitana1

    gitana1 Verified Attorney

    Messages:
    14,560
    Likes Received:
    156
    Trophy Points:
    63
    This is pretty much all true. Except the dad knew exactly where she was and couldn't be bothered to fight for her too hard. He sent some friends down to collect the baby and that's when the babysitter or her family called DCS, worried about returning the child to the dad due to his history of violence.

    DCS had a hearing and the dad was notified. He failed to appear at all. That's when the child was placed in DCS custody.

    After that, he failed continued to fail to participate in the DCS hearings that resulted in the termination of his parental rights. Probably because he was in prison for several years due to his "traffic violations" (sorry for the sarcasm. The dad's side has been disseminating misinformation which bothers me quite a bit*). But he never tried to send a lawyer to represent him, nothing.

    The termination of his parental rights and the adoption were overturned due to a technicality. Apparently, under Tennessee law, parental rights can be terminated if the child is under 8 and the parent is sentenced to a prison term of 10 years. He was sentenced to 15 years. However, he had his sentence reduced to 7.5 after giving info on a murder her knew about.

    In any event, the court found that no one had ever cited the Tennessee law allowing termination of parental rights due to a 10 year sentence, so the law should not have been applied. That's why the adoption and termination of parental rights were reversed.

    * I can't say that the adoptive parents have totally clean hands either. I'm still researching this case.
     
  21. MyBelle

    MyBelle Active Member

    Messages:
    9,814
    Likes Received:
    0
    Trophy Points:
    36
    They are not her adoptive parents. Giving her false hope that she'll return to them isn't helping the child.

    JMO
     

Share This Page

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice