Monday, April 7, 2014

Convicted

Imagine your baby has just died of SIDS. Your other children are taken away. One of them is with strangers. You won't be able to see him until the following week. You have to go to court and listen to people claim you've been treating your children horribly, and everyone believes them. They ignore the fact that the police found no evidence against you. You're told all the things you must do in order to get the kids back. You're not allowed to speak for yourself.


Andrew was almost 15 months old when he was put into foster care. Various people in the family signed up to take him in. CPS came to inspect our house. My parents childproofed it per their instructions. We all had to have background checks and get fingerprinted. Even I had to do it- someone who couldn't talk or move. I had to go twice, since the fingerprints didn't show up the first time. The second time, my other sister dropped me while getting me out of the car, but that's not important. My suffering was in vain. CPS found fault with all of us. One couple was too far away. Another was told that too many people lived in their house. CPS claimed that another relative was so forgetful that she wouldn't know he was around. Sometimes she can't find her purse, but, hey, that would mean none of us should be raising children.

The parents got their instructions at the Juvenile Dependency Court four days after the baby's death. They were told what they had to do to get Andrew back. They had to take therapy and parenting classes, but there was a delay in the latter. My sister tried to get into some herself, but CPS wouldn't okay it. They finally were able to start them in September. They had to finish the classes before they could get Andrew, so they were eager to complete them by the earliest reunification date, in January. The father also had to take anger management classes.

They were to see Andrew at the CPS office for an hour twice a week. Later, the court gave permission to other relatives to visit for an hour once a month. This didn't happen until September, although my mother got to hold him briefly before then. She said that he looked lost. Before, he had been a normal baby, determinedly crawling around and trying to break my fingers. She and one of my brothers went to the September visit. He was just starting to walk. They read books and played with toys while a CPS employee took notes. There was a large playhouse in the room. Andrew liked receiving the paper that his grandma would slide through the mail slot.


Andrew's parents were prevented twice from seeing him. The police were waiting for them at the office and took them to the station to interrogate them. The second time, they impounded their truck. The impoundment place charged them $300 to get it back.

They had to go to court every month and get reports about what they were and weren't doing, and hear the latest findings. I read four of CPS' court reports. There was quite a lot of misinformation. The parents were quoted for things that they had never said. Dude, if they had actually said some of those things, they would have been locked up right away! One relative's treatment is testament to the risk of speaking one's mind to CPS. When explaining why they eliminated her for consideration as a placement for Andrew, they said it was because she denied that the children had been badly treated. They also used this argument against the parents.

In August, as they were about to go in to a court visit, a detective called them and said that they had to turn themselves in. They did so, and were held a few days and interrogated. My sister is allergic to nuts, but they only offered her peanut butter and jelly sandwiches. They got out on lack of evidence. After that, they started looking for lawyers. They had to get their own because they couldn't get hold of the public defender. The father's new lawyer said that the police had wanted something with which to charge them in order to give them leverage in case they went after a murder charge for the baby.

By October, things were settling down. They were taking parenting classes The father was just about to sign up for his anger management classes. They both had good job prospects. The afternoon of Columbus Day, they went out to look at used cars.

At around five o'clock, law enforcement showed up at their door to take them to the station. Because of the timing, it was too late for them to call their lawyers. They were arraigned the next day and charged with willful child cruelty, in regard to the incident with Andrew's half-brother. They were held in a detention center. Their pre-trial hearing was a couple weeks later. The father was charged with a felony and the mother with a misdemeanor. After the hearing, my mother heard a detective say, "Yeah, we'll get them for murder."  The bail was $200,000 each. The judge reduced the mother's bail and she got out on $2500.

Because he had gotten out on a plea bargain, he was on probation. They both had to start their parenting classes over. He started his anger management classes and took parole classes, the latter of which lasted a year and cost $200 a month. He had to go every week. For his probation, he had to pay $175 a month, which was later changed to $250, with no explanation.

The father was held for two months. He was afraid for his life and made a plea bargain in order to get out. Otherwise, he had been told, he would be in jail for two years. Thus, he was a convicted felon without having been on trial. He and my sister were never allowed to speak on their own behalf. 

The baby's autopsy wasn't finalized until the following May. The coroner found no signs of foul play. This had no effect on their case.

This is not as an accusation against CPS, but to tell others that CPS does make mistakes. Not all parents who have dealings with them are guilty. It must be a stressful job to have, with a large case load. It's very important to get every decision right. People's futures are riding on this. I can understand how even well-intended caseworkers might be tempted to be creative with the facts, just to be safe. They must see many abused children, and want to prevent it in others. However, I don't think that they always consider the consequences to a child who is taken from a loving family and put with strangers. 


Please sign the petition: http://www.change.org/petitions/state-rep-tim-donnelly-help-find-andrew-dube

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