TO BETTER UNDERSTAND WHAT HAS TRANSPIRED UP TO THIS POINT… CLICK HERE AND READ… CHILD PROTECTIVE SERVICES (RALEIGH, NC) RESPONSIBLE FOR ABUSE AND NEGLECT OF 7 SIBLINGS!!!
Since my wife Debra’s return to North Carolina, CPS has decided to violate the current court order (entered and dated May 27, 2011) by not even honoring her current Visitation Plan in the same order. Although Debra and the children have not been able to see each other due to the distance, she has had a Visitation Plan which stipulates the following in part;
Findings of fact:
- …the mother has made sufficient progress to move the children into her home. It is possible for the court to return the children to her custody and control within the next 6 months. She is able to provide appropriate care and supervision for the purpose of unsupervised contact with the children.
It is hereby Ordered Adjudged and Decreed:
- That the permanent Plan for the children shall be reunification with the mother.
- That visitation between the mother and Timothy shall be unsupervised and can occur in the community or in the Anderberg home. The visits can be a minimum of weekly and for up to 8 hours. Upon approval of the mother’s home through ICPC, visitation can be unsupervised, overnight and in her home.
- …visitation between the mother and Stephen, Matthew, Hannah, Sarah, Joseph, and Benjamin shall be unsupervised in the community a minimum of 1 time per month. The duration of the visits can be … a maximum of 48 hours in a hotel or other appropriate location.
- The mother is authorized to have a minimum of 15 minutes per week of unsupervised phone contact with her children who are residing with Natasha Wilde, and may have reasonable, unsupervised telephone contact with Timothy while he is residing with the Anderbergs.
Since returning to North Carolina on July 18, 2011 Debra has not been able to exercise her right to speak with each of our children by phone.
UPDATE: The following email was received from Julie Riggins on August 18, 2011 with regard to phone calls;
I received approval from Finance for the purchase of two trac phones and 2
trac phone minutes cards. I purchased and set those up today. I am adding
those two phones to the other phone I had purchased for Matthew to use
while in Jacksonville. I have the phone you provided a while back and will
give that to you on Tuesday. It does not have any minutes on it so you can
just keep it.
I am distributing all trac phones to the families today. You can begin
your weekly calls tomorrow evening. You are allotted 15 minutes per
household. Once the minutes the county purchased runs out, you can
purchase additional trac phone minutes cards and deliver them to me and I
can put those addt’l minutes on the phones. At the time you begin
purchasing minutes, the phone calls can be whatever length you desire since
it will be your minutes purchased and not the county’s. Any minutes cards
purchased do automatically double since this was a feature on each of the
phones I purchased. Plus, I have special codes that can give bonus minutes
from 10-40 per minutes card added.
You should call the phones from the number you gave me. They will only be answering calls from that number. You are to be the only one participating in the call on your end. If someone else tries to talk with the children, the foster parent has been instructed to politely hang up. The calls will be on speaker phone (on the children’s end) so that they can be supervised. Here is the schedule and numbers for you to call each Friday evening (15 minutes each call):
So let me get this straight RIGGINS; Debra can “purchase” her own minutes after the initial batch of alloted minutes have been used? Then she can speak with the children for any length of time? But the schedule you have presented Ms. Riggins only provides for 15 MINUTES BACK-TO-BACK! Please explain how that will work? Is there some CPS Space-time continuum trick that Debra must perform? WOW! your agency is soooo AWESOME… time travelers too! Such a rigorous training regiment! I would also like more information on how to: “politely hang-up” on someone (and by the way, you know there was no call for that since nothing of the sort has ever occurred during this entire process).
In addition, upon Debra’s return to North Carolina CPS did not honor her request for visitation until a full 3 days after the request (after months of NO CONTACT between Debra and our children). Since then Debra has been required to attend ONLY supervised visits and has been denied her request for overnight visits in a hotel pursuant to the court order.
Debra sent the following email to the CPS supervisor John Gustavson requesting that CPS produce the children for her court ordered visit…
I would like to arrange to pick-up my children on Saturday for the weekend (or they can each be dropped off at my hotel). I plan to spend 2 nights (Saturday and Sunday nights) with them in a hotel here in Raleigh, and spend the day with them at our family’s home church on Sunday in Morrisville, NC. As previously discussed, my husband will not be in attendance since the current court order prohibits that.
I would like to propose dropping them off at a central location (the hotel lobby) on Monday morning.
I know you will likely refuse, so I feel compelled to quote from the Court Order (that you will likely violate); “…visitation between the mother and Stephen, Matthew, Hannah, Sarah, Joseph, & Benjamin shall be unsupervised in the community a minimum of one time each month. The duration of the visits can be a minimum of 4 and a maximum of 48 hours in a hotel or other appropriate location… WCHS and/or the Guardian ad Litem may attend part of the visitation unannounced.”
The proposed visitation in your email below was presented to me by you and Mr. Reale in your meeting with me on July 28. At that time I discussed with you the fact that the circumstances relative to which the court issued the order you cited have changed. Specifically, you informed WCHS that you are now living with Mr. Reale in Wake County. I explained in our meeting that, in light of this new situation, our agency needs a new directive from the court in order to fulfill its responsibility to the children. As you know, we believe it is important for you to have frequent visits with your children. We will continue to arrange a minimum of weekly supervised visitation for you with your children.
Through its attorney WCHS has filed a Motion for Review of the visitation of both you and Mr. Reale. According to North Carolina General Statutes 7B-905 (c) an agency may temporarily suspend part of a court ordered visitation plan if it determines that this plan may not be in the best interests of the children. If an agency takes this action it must file a motion for a court review (which WCHS has done).
After Debra forwarded this response to me, I responded on behalf of our family…
This is absurd! But not a big surprise. You and your agency are going to do whatever you please, whenever you please. We will continue to seek our results in Courts; District, Appellate, Supreme, Federal or otherwise. It is useless to even begin to think you or your agency have the “best interest” of our 6 minor children in mind. In the same email you state; “we believe it is important for you to have frequent visits with your children” and “an agency may temporarily suspend part of a court ordered visitation plan if it determines that this plan may not be in the best interests of the children.” What sort of contradiction is this? Or should I say “play on words.”
7B-905(c) governs Dispositional Orders, sir (post adjudication); not Review of Custody Orders (which are governed by 7B-906) and not Permanency Plan Orders (which are governed by 7B-907). GET A NEW LAWYER!
YOU AND YOUR AGENCY ARE IN VIOLATION OF THE CURRENT COURT ORDERS! As you have stated You are always entitled to file a motion for review, but YOU ARE NOT AUTHORIZED TO VIOLATE COURT ORDERS IN THE MEAN TIME! That has not stopped you in the past however. You kept my YOUNGER children from me for 92 days and my OLDER children from me for over 200 days CONTRARY TO THE COURTS ORDERS BACK IN NOVEMBER!
Even if a court would entertain your claim to 7B-905(c), there is no provision for your statement; “our agency needs a new directive from the court in order to fulfill its responsibility to the children.” Furthermore, you cannot support the actual existing provision of the statute; “that the visitation plan may not be in the best interests of the juvenile or consistent with the juvenile’s health and safety;” whatsoever. In fact, I can prove the opposite! With all the positive reports from the existing visits, it stands to reason (and by your own words – “we believe it is important for you to have frequent visits with your children”) that it could ONLY benefit our 6 minor children to have the “approved” court-ordered overnight visits with their mother (for up to 48 hours). Treatment for the alleged adjustment disorder would also suggest that the execution of such visits would clearly serve to provide symptom relief and behavior change; especially given that our 6 minor children have recently been separated from each other, placed in three separate foster homes; and are currently limited to weekly visits with both parents (with no phone contact with either their mother or father – also in violation of the court’s orders with respect to their mother).
Defined: adjustment disorder (AD) is a psychological response to an identifiable stressor or group of stressors that cause(s) significant emotional or behavioral symptoms that do not meet criteria for anxiety disorder, PTSD, or acute stress disorder. Treatments recommended include; symptom relief and behavior change.
THERE IS A PERMANENCY PLAN IN PLACE! JUDGE BOUSMAN STATED IN OPEN COURT THAT DEBRA MAY RESIDE WHEREVER SHE DECIDES! YOU ARE IN VIOLATION OF THAT COURT ORDER! PERIOD! GIVE US BACK OUR KIDS!
Ron Reale, Executive Director
I sent a follow-up email addressing a future visit and requesting to make arrangements for our youngest son’s Birthday Celebration…
Next week is Benjamin’s 4th birthday. My wife and I would ask that ALL our children (including Stephen) be allowed to attend the scheduled visit at Triangle Family Services for this celebration. If you decide that Stephen will not be a part of this celebration then I would suggest the visit be cancelled; to allow Debra to plan a Birthday Celebration for Benjamin with ALL his brothers and sisters in attendance at some other location. It is much more important to me and my wife that ALL our children are UNITED for these occasions celebrating their precious lives, than for me (his father) to personally attend. What a shame!
Please understand that it breaks my heart to know that you all have carefully crafted and manipulated Stephen putting him in his current state of mind. This is the type of destructive nature your agency possesses while purporting to “have the best interest of children” in mind. Not even close…
You should know that we lost our son Benjamin twice at birth when he required two blood transfusions and was in NICU for several weeks. He was not expected to make it during most of his stay there. In short, he is a miracle, and 4 years is absolutely a miracle. I love him no more or less than any of our other children, but he is in fact, a TRUE modern-day miracle; our miracle; and I do not take it lightly that I have now been deprived of 2 birthday celebrations. SHAME ON YOU ALL! And you WONDER why I am so relentless in my pursuit of JUSTICE for our FAMILY???
Ron Reale, Executive Director
Julie Riggins (CPS Social Worker) responded…
WCHS will give Stephen the choice of attending next Tuesday at 4:30pm at TFS. Perhaps, he might choose to attend with the entire family. If he does, WCHS will ensure that he is present. If he does not, it still seems possible that you and Mrs. Reale can come to the TFS building at the usual time. Mrs. Reale, Stephen, and the other 5 children can do their party with Benjamin for the first 30-45 minutes and then you can attend with Mrs. Reale and the other 5 children for the remaining 30-45 minutes. At Mrs. Reale’s visit on Tuesday from 3-4pm, Stephen can let WCHS and Mrs. Reale know what he wants to do in regard to the birthday party.
This is exactly the type of confusion that you and your agency continue to inject into this process. Your attempts to present a solution in this matter amount to nothing more than a clandestine approach to advancing your agenda.
I will not stand by and allow our children to repeatedly fall victim to your tactics. To begin with I will not allow Stephen to be put under such continued pressure. There is NO REASON to “ask” Stephen, or give him the option of attending such an event! How is that in his best interest? A choice between being ostracized from a family birthday party for his youngest brother or attending a visit with his father who he has not seen in over 420 days (through coercion, intimidation, and brainwashing)?
Furthermore, I will not be a party to injecting such confusion into the precious minds of our other children. Your suggestion to split the visit while allowing Stephen to participate in the first 30-45 minutes, and then removing him for the final 30-45 minutes so his dad can join the visit is RIDICULOUS to say the least!
I am simply requesting that you cancel my visit scheduled for August 23, 2011 at TFS for this week ONLY; and make arrangements with Debra to co-ordinate a Family birthday party at a more acceptable location somewhere in the community, in my absence.
I will also request that, moving forward, your agency schedule the appropriate weekly visit with Debra (separate and apart from my weekly visit) and ALL 6 of our children, to the extent that your current arrangement whereby Stephen is separated from his siblings to visit with mom is terminated. Debra and I have discussed this and agree that Stephen should be joined by his brothers and sisters each week attending a visit with their mom collectively; and we further believe the current court order provides for this.
Ron Reale, Executive Director
Julie Riggins sent this follow-up to Debra…
I noticed that Mr. Reale copied you on his email response below and he
spoke for you in the response, but I need to clarify directly with you if
what he reported is your opinion as well since I did not get an answer from
you individually regarding the stated concerns for visitation:
“I will also request that, moving forward, your agency schedule the
appropriate weekly visit with Debra (separate and apart from my weekly
visit) and ALL 6 of our children, to the extent that your current
arrangement whereby Stephen is separated from his siblings to visit with
mom is terminated. Debra and I have discussed this and agree that Stephen
should be joined by his brothers and sisters each week attending a visit
with their mom collectively; and we further believe the current court order
provides for this.”
Please respond by noon on Friday, 8/19/11 if you are asking that you no
longer have an individual visit with Stephen and then a joint visit with
the other children and Mr. Reale. I need to know by then so I can make
alternate arrangements for your visitation.
Debra’s simple response…
I would like to meet weekly with all of my children together. I would also like for Stephen to visit with Ron. I don’t understand why that is not possible. I know my family, and they probably put things in his head and that’s not fair.
Then of course, Julie Riggins responds… In true form!
Your visit with all 6 children next week will be on Tuesday from 4:30-5:45pm at Swinburne. You can wait in the waiting room on the first floor. When the visit is over, you can wait in the visitation room until 5:55 and then leave the building.
For the weeks starting on Tuesday, 8/30, you will visit with all 6 at the Swinburne building from 6:15-7:30pm after Mr. Reale’s visit at TFS from 4:30-5:45pm. You will need to provide dinner since this will be during dinnertime. I will need Mr. Reale to help those with any homework they may have during a portion of his visit so the kids are not having to start on it when they get home after your visit. They can also spend some time during your visit on homework if necessary. This will give both you and Mr. Reale the opportunity to see what they are doing in school and where their strengths and weaknesses may lie in school. It may be that they will not have homework but if they do, please be willing to support having them to do it. They did not always do this last school year. With these visits, you can wait in the 1st floor waiting room before the visit and in the visitation room until 7:40pm after the visits.
A final response from me…
Really? Homework? That’s your interpretation of a “quality visit” for 6 children in a 10′ by 10′ room with one parent that they are being deprived of and only have 1 hour and 15 minutes per week with? And by the way, since they have been in separate foster care, our children have been delivered 10 minutes late for EVERY VISIT! I still pay the full amount ($142.50), however – care to reimburse me? I didn’t think so.
Since you REQUIRE that Debra and I must live in separate homes (against our will), and you REQUIRE Debra to be working FULL TIME (Also against our desire), and you REQUIRE Debra to have individual therapy, and given that these visits involve 2 separate parents and 6 minor children; one would think you would incorporate some flexibility in your plan. It seems that the proper approach would be to engage in a discussion as to how all parties can best work around these Reunification REQUIREMENTS.
GIVE US BACK OUR KIDS!
Ron Reale, Executive Director