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Mother's Legal Rights Violated
I would like to thank everyone who has visited my website at www.betsyforjudge.com and shared their stories. Here is just one:
Cheryl** is 37 years old. She is the mother of 3 children, ages 14, 7 and 14 months. Cheryl is employed full-time and lives in a 4-bedroom, 2 and 1/2 bath home on 60 acres. Orange County Child Protective Services (CPS) removed Cheryl's 3 children from her custody on January 15, 2008, alleging that her 7-year old son was locked out of the house one day and had to call his father from a neighbor's house. According to the juvenile petition filed by CPS, Cheryl is "jittery" and her behavior raises "suspicions" of a personality disorder or substance abuse. To date, Cheryl has taken 27 drug tests which have all been negative.
When Child Protective Services removes children from their parent's custody, North Carolina law requires the court to provide the parent with a hearing within 7 days of the removal of the children. If CPS does not prove at the 7-Day Hearing that the allegations made against the parent are true and that the children's removal from the home was necessary to protect them, the childen must be returned to their parents.
On January 22, 2008, Cheryl went to court for her 7-Day Hearing. Cheryl's court appointed attorney failed to show up for court. Cheryl sat in the courtroom for three hours before being told by the CPS attorney that her case would not be heard that day. Cheryl's 7-Day Hearing was continued to January 28, 2008.
On January 28, 2008, Cheryl arrived at the courthouse promptly at 2:00 p.m. for her 7-Day Hearing. The judge arrived at 2:20 p.m. Cheryl's court appointed attorney arrived at 2:25 p.m. Because Cheryl's attorney was late, the judge refused to allow Cheryl or her attorney to present any evidence, and Cheryl's children were ordered to remain in foster care. Subsequent to the hearing, the judge signed a written order which states that neither Cheryl nor her attorney were present in court at 2:20 p.m. when her case was called. The order also states that evidence was presented, and that based on the evidence, the children should remain in foster care.
North Carolina law also provides a parent with an additional hearing within 30 days of the first 7-Day Hearing. Cheryl's court appointed attorney failed to ask for this hearing which could have resulted in Cheryl's children being returned to her custody. As of today--more than 4 months after her children were removed--Cheryl has still not had her 7-Day Hearing or any other court hearing. Two of Cheryl's children, including the baby, are in foster care; the third child is living with his father. Cheryl is allowed to see her children for one hour a week. She was not allowed to see her baby on the baby's first birthday.
Cheryl has a court hearing scheduled for next month at which Child Protective Services must prove by clear and convincing evidence that Cheryl neglected her children. The same judge who refused to allow Cheryl to have her 7-Day Hearing because her attorney was late will be presiding over this hearing.
Betsy J. Wolfenden,
15-B District Court Judicial Candidate
**The name of the mother has been changed to protect her identity and the identity of her children.
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Inconsistency at work again
Yet again our system shows how inconsistent it can be. I have been involved in family law both from the professional side and the personal. It is gut wrenching to know that people who know so little about you can determine the outcome of your life and the lives of your children.
The difference in the way the same Judge may rule in one case compared to another when the cases are almost identical can dumbfound you. Not to mention the unfortunate moment you realize you have sunk thousands of dollars into a lawyer who is substandard and it is either too late to do anything about it or you are too broke by then to pay another retainer... DSS along with many GALs do their best to as do most of the Attorneys and Judges, I know this, they have a job that most cannot begin to wrap their minds around, but too often we are left with overzealous or overloaded people we have to rely on to decide the outcome of our lives.
Again, I have worked in family law and also have been involved in an ongoing custody battle myself and it is easy when you are on the working side to forget that this isn't "just another" case on the docket, this is a persons life that everyone involved is handling and at that moment in time it is the ONLY thing that matters to that client, defendant, or plaintiff. Our system is not perfect, but it is better than most. Unfortunately for this mother thought, she is seeing the worst possible side. It is time for those behind the bench and at DSS to realize a mistake has been made and be big enough to admit it before more harm come to these children and their mother.
right
How right you are! Nobody ever knows how it feels until they walk in those shoes. I have worked and still work in the legal field. I work everyday in the courtrooms and I go home in Ahhh everyday. How can some cases like you said be exact almost and the outcome be nothing alike? How do judges justify taking children from parents for reasons as this one? Everybody says what about the children? Do they really care? I do think our system is corrupt for a fact. The sad and crying eyes I see almost every Thursday? Wheres the rights of parents? Who can take children for days,months and even years and because of a bad attorney or lazy judges sleep at night knowing the real sad part is what is going on with the children that love their moms and dads and have to sleep with strangers, adjust to others and their way of life? Someone has got to stop this. DSS is not what it used to be and I feel these kids are just a part of a database and thats it. Where is justice and how do we make sure that it is served not some of the time but all of the time???
I am with your comments. I
I am with your comments. I to went through a custody battle with my husband regarding his children. The mother was eventually proven so unfit that we got custody from Judge A. in Orange County (15B). I sincerely wished that DSS had investigated the mother the way they have treated the case against Cheryl. These children were sent to school nasty, no lunch money, missed months of school, late,left at crack houses, and I could go on. I called and reported numerous times to CPS our concerns. Church Friends called, family members, etc. Finally our friends/family all chipped in the funds for an attorney, because you know it comes down to that money thing.... It was obvious that this situation of abuse wasn't something OCDSS wanted to pursue. That is a fact believe it or not . I lived it for three years, and hey for all of you that think it may not be factual. I don't care. For the doubters out there go to the vault at the orange county courthouse and read the files on family custody cases. It is public record. You would amazed at the continuances, the back door behind closed door chamber meetings that our lives are decided. Children old enough to have a voice and not be heard. I have already over 100 signatures against the DSS Department, the Guaurdian at Litem Program, to submit to the Attorney General's Office. I want at least a 1000. These people have to much power. Someone needs to monitor these individuals who are paid by our tax dollars. I want CPS to be there for the children like our children who needed help. That went untouched. I hope Cheryl's case will open up the eyes of everyone for the sake of the children who are truly neglected.
Update on Cheryl's Story
On May 31st at around 3:30 pm a police report was made in reference to Cheryl's daughter. A call was made stating that Cheryl's daughter was in a bar. She was pysically dropped off by her appointed foster mother.These children were placed by OCDSS to this 28 year old Foster mother who upon information and belief receives about $1700.00 a month for the placement of Cheryl's two daughters. The location that the minor child was dropped off at was at John Earl Road. The child was unsupervised and discovered with another friend age 14 in the bar. The owner of the bar was very concerned that this was the case. That his rule is any under age children need to with a parent in his bar. This was during an APA league tournament. The bar was full of men/ women playing pool and drinking alcohol. Thank God that a predator seeking young girls did not slip something into the drink that the minor child had purchased at the bar. Thank God the child was not lured away. We see this happen every day on National TV. Are we to assume that this doesn't happen in Hillsborough? As a matter of fact Chery's daughter, and after conversation with patrons in the bar the minor children both age 14 had been in the bar unsupervised for at least an hour or more. The minor child was only concerned about how the Foster Mother and her girlfriend were going to react.Cheryl's daughter was very fearful of the Foster mother being upset. The minor child felt that she would be punished by not being allowed to go to the school social that night. Cheryl was devastated that her 14 year old was at a bar unsuperised,that her daughter was even in a bar, and very hurt that law enforcement told Cheryl regrettably he could not allow Cheryl to take her daughter home to a safe place. That he could take the minor child into custody or try to locate the Foster parent. The Foster mother was laterlocated at another Pub called Wooden Nickel. Is this acceptable behaviour? The Hillsborough Police were called, and a report was made, but do you think that DSS will do anything about this? How many responsible parent's drop off your 14 year old daughters at the nearest bar for entertainment. I personally am appalled.
You would think that the foster parent would have to go an exta mile of protecting children who have been taken from their biological parent, and placed in the foster care system. Recently we have witnessed on the news of a young child that was murderd with blankets while in foster care.. Where was Cheryl's daughters rights at being left unsuperised by this foster mother and her girlfriend. I am quite sure that as any 14 year old she thought she had won the lottery at being unsupervised in the bar scene...................
Let's hope Justice is served
Lets hope this woman gets her kids back soon... DSS, the Judge and her Attorney have let her down.
Medical neglect of my grandson
Greenwayldscapes@aol.com
Person County CPS is very abusive when you push them to protect a child. please google Alanbreports to read my story
NCDSS abuse of power
Greenwayldscapes@aol.com
Why is it that our elected officials let NCDSS get by with this. We pay those jokers to help us and make laws for the best interests of the citizens of NC and they are not doing their jobs. I contacted my reps in johnston Co. and they could care less about what is happening to us and our families. I guess if some one called NCCPS with a claim that they abused their children then they would become very concerned about the abuses by NCDSS.