Monday, August 11, 2008

My email to the AG

I've changed the identifying information, but other than that, I sent this to our Attorny General. Here's to hoping that someone in the state actually upholds the law.Mr. Attorney General,

We have had three children placed in our home as foster children since 2005. We are getting no resolution at the county level, and need assistance in getting this case resolved. I will provide as much information as I think may be pertinent and you can contact me at any time regarding this matter either by email or by calling me at MY CELL PHONE NUMBER

The case is out of XXXX County. I have had no contact from them regarding hearings or any legal matters throughout this entire case. I do not know who is presiding over this case, nor do I know the name of the Ad Lidem for the children. The ad lidem has never contacted us.

DFPS has permanent managing conservatorship granted 5/26/2006

The mother's name is MAMA- her dob is X/XX/84 and her social security number is XXX-XX-XXXX in the past year she has been arrested and spent time in jail for smuggling immigrants.

The father's name for the children that are in my care is NOT RELEVANT I do not have a dob and have two ssn's XXX-XX-XXXX AND XXX-XX-XXXX- his rights were terminated in 2006 as well as all unknown fathers.

The children that have been in my home are:

PRINCESS - dob X/XX/2005 placed 2/28/2005 thru OUR OLD AGENCY in OUR TOWN - we transferred to OUR CURRENT Agency in 2006 when OUR OLD AGENCY closed their OUR TOWN office.
BOOGER - dob X/XX/2005 placed 2/28/2005 BOOGER AND PRINCESS are twins
LIL MIDDLE dob X/XX/04 placed 9/30/2005 thru OUR OLD AGENCY IN OUR TOWN

LIL MIDDLE, as far as we have been able to document was taken into care in September of 2004 when an older brother was treated for a spiral fracture at the ER in MAMA'S HOME TOWN. At that time he was placed with an aunt who was caring for her own children as well as an older brother of LIL MIDDLE. The twins were placed with the same aunt at birth, but were removed in late February due to the aunt not honoring the safety plan and allowing the children to stay with their parents for extended periods of time. On February 28, 2005 the twins were placed in our home, and have been with us ever since. LIL MIDDLE and his older brother JM dob 10/XX/98 were placed in another foster home at the time. Between 2/28/2005 and 9/30/2005 LIL MIDDLE AND JM were placed in at least four different foster homes. They both came to live with us on 9/30/2005 but we could not care for the needs of JM and he was moved to the home of SUPER DUPER FOSTER PARENT OF THE YEAR on 10/11/2005 - where he has remained since that day.

Aside from JM there are two other children.
NANO IV dob 1/XX/2002
LIL GIRL dob in late November or early December of 2005

MAMA has been living with family members off and on, and recently two children from that home have been placed in foster care due to neglectful supervision. The boy has been placed in the home of SUPER DUPER FOSTER PARENT so that he and JM could be placed together. The girl, is placed in another foster home here in OUR TOWN.

There have been three different case workers involved in this case

We get conflicting infomation regarding this case. One time we will be told that this is "mom's last chance" to complete her service plan, then we'll find out they gave her an extension. It is my understanding that CPS would like to terminate the rights, but the DA in THEIR County feels they resolved this case when they were granted Permanent Managing Conservatorship. I have not spoken to anyone officially, just what I can gather from talking to the Grandmother who is caring for NANO.

It is my understanding that Permanent Managing Conservatorship should never have been offered in this case. According to Texas Family Code 263.404
as none of the qualifications for granting it apply to the children involved.

I also feel that the court should terminate her rights as she has directly violated § 161.001. (O) failed to comply with the provisions of a
court order that specifically established the actions necessary for
the parent to obtain the return of the child who has been in the
permanent or temporary managing conservatorship of the Department
of Family and Protective Services for not less than nine months as a
result of the child's removal from the parent under Chapter 262 for
the abuse or neglect of the child;

At this time she is unable to provide all of the children with a safe and permanent home. As I mentioned earlier, two kids were removed from the home where she is living in the last month or two. It is my understanding that she continues to change family counselors and has not completed any items of her service plan.

Also 161.003 (3) also applies as the department has had permanent managing conservatorship since May 2006 and has made reasonable efforts to provide services to the mother that would help in her ability to care for the children. At this time, 2 years and 2 months after the PMC was granted, the mother is still unable to care for her children.

We have been told by CPS in THEIR TOWN that they are unable to pursue termination after it has been denied. We feel that 161.004 covers this - it is in the best interests of the children in that the children have now been in a stable environment for over three years and there are no immediate plans for reunification.

We would very much appreciate any help you or your office could be in resolving this case. This is the only home the three children we are caring for have ever known. At this point it would be in their best interests to remain here. We will do anything in our ability to make sure that they remain with us, but until this matter is resolved in a legal manner we are at the ultimate mercies of the department.

We would also ask that should THEIR County refuse to terminate the parental rights of the mother that the jurisdiction be moved to OUR County as the children have lived here well over the six month requirement as stated in§ 155.203. DETERMINING COUNTY OF CHILD'S RESIDENCE. In
computing the time during which the child has resided in a county,
the court may not require that the period of residence be continuous
and uninterrupted but shall look to the child's principal residence
during the six-month period preceding the commencement of the suit.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.

Again, we have three children that we would love to adopt and remove from foster care. There are now five other children in this family in foster care. Two more that would be adopted the moment this case is resolved. And would really appreciate your help in this matter, as we have gotten no where with the county.

Thank you

my husband says it's time for me to go to law school


Tiffany said...

Well stated! I'm impressed! You should go to Law school. I'm so proud of you. I'm praying for you and your family everyday. Jeff and I speak of you guys often. Miss my girlfriends!!!

Rebekah said...

GREAT letter, very convincing. I hope it gets you answers sooner!