Tuesday, June 21, 2005

No Decision Today

EMAIL TO FRIENDS:

I apologize for not writing sooner to keep you up to date on what's happening with my niece, Carrie. She has been in custody of children services for 2 months and 1 day. My mom, brother and I have been to see her every single week since she went into a foster home.

Several things have been developing in the last two months. I'm not sure how much I mentioned the last time, but before she was removed from her mom she couldn't walk, talk or eat solid food. She was 17 months old! Within just a few weeks she began to walk unassisted. She started eating table food, according to her foster mom. We always take snacks when we visit, things like animal crackers, goldfish crackers and Gerber cereal bars. She gobbles them up now and reaches for more. Two weeks ago she even picked up my water bottle and drank out of it all by herself. She is starting to form words. She will say "bye", "kitty", "uh-oh", "all right" and maybe a few more. The bottom line is that she is making tremendous progress since having been removed from her mom.

In the meantime, I have been working on trying to get a home-study completed. At first I hounded the intake worker in Ohio to process my paperwork and send it to Columbus. After that Columbus will send a request to Frankfort, who then sends it to Fayette County. Once a local social worker does the home study, the final report has to go back through the same route. It passes through an office called Interstate Compact. I found out pretty early that the whole thing can take as long as 6 months.

When I found out that Carrie was going to be moved to a second foster home, I realized that I didn't have 6 months to just sit around and wait. A very dear friend who knows the ins and outs of social work in Kentucky referred me to a retired, licensed MSW who would do a private home study for a fee. I hired her, hoping that she could get the report done in time for a June 14 hearing. Two things went wrong: she had a family emergency and couldn't do it right away and the June 14 hearing was rescheduled for reasons beyond my control. So, the MSW came to my house the weekend after June 14 to begin. She finished the report and sent it out this past Saturday to the baby's guardian ad lidem in Ohio. The guardian received it yesterday, just in time for the pre-trial hearing that was scheduled for today.

I hired my own attorney 2 weeks ago. She filed a motion to add me as a party to the case. She has also been in communication with the guardian. The guardian also had a conversation with my brother's attorney yesterday. Together, they all decided to ask the judge/magistrate to place Carrie with me. So, today in court, my brother's attorney introduced the request for temporary custody to be awarded to me. The guardian concurred. My attorney spoke on my behalf saying that I fully understand the responsibility and that I'm committed to taking care of her and making sure her current special needs are met. Then the caseworker said that she was fully in favor of reunification with a family member who with a good home study report. Then the baby's attorney (former guardian in domestic relations court) reiterated that she thought Carrie should be in my custody all along. She impressed upon the court how damaging it is for Carrie to be moved around so much and that I can provide her with a stable home during all this mess.

One would think that with 4 attorneys and a caseworker advocating for me to get temporary custody it would be a no-brainer. It isn't that simple. The magistrate said that she wanted to have a conversation with the magistrate who placed Carrie in foster care before she made a ruling. She took under advisement. We should know something by this time next week. Our attorneys and the case worker said that this particular magistrate has a reputation for making family placements and that she'll most likely award temporary custody to me. I can only hope now.

Finally, the mother's trial has been set for November 2 & 3 all day each day. I will have to testify, but won't be allowed in the courtroom otherwise.

My love to you. Please think of my niece when you pray/meditate/commune with your higher power.

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