Juvenile Custody Legal Battle

Summary

The user is a mother in Missouri who is fighting for custody of her son, currently in state custody. She alleges that her parental rights have been violated, false information was included in an emergency protection order, and her son is not receiving necessary medical care. She has taken numerous steps to address these issues, including contacting various authorities and legal representatives, but has not seen satisfactory progress. She has also completed a parenting plan and other requirements set by the state, but custody has not been returned to her. The user is seeking legal advice and assistance in navigating this complex situation.

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A teenager was arrested for a Class B 1st-degree domestic assault, beyond control charge, and destruction of property in Jefferson County Missouri the charges were dropped without notifying the victim of the assault. two months later the juvenile was arrested for assault on a police officer in the same county, the juvenile began having suicidal ideation to get the court date pushed back and even told nurses he wasn't suicidal. After being released from the hospital on the way home with his parents the juvenile jumped out of the truck at a red light and the parents could not find him. They reported him missing and then two days later DFS removed the child stating "Due to the child's violence against parents and recently law enforcement, and his frequent hospital stays is making the parents unsuccessful in providing him the medical care he needs. Children Division is requesting custody of the juvenile" then removed him from the home. The county Juvenile Officer also filed for emergency custody and he put knowingly false information in the emergency protection order. Once in custody of the state, children's division did not contact any of his previous medical team only the staff with the agency performing an "independent assessment" they will not provide us with the medical records we requested, they will not submit info for a psych evaluation. Also while in custody of the state, they ignored my parental rights of religion, kept me informed of medicine changes, and did not provide him the services he needsl. I have completed one psych evaluation the case manager approved but now they said I need to to another one. But the case manager also has not contacted anyone for a collateral statement on my behalf
Have you consulted with a lawyer regarding the violation of your parental rights and the false information in the emergency protection order?
yes
What advice did your lawyer give you regarding this situation?
that i need to find an attorney but they were not willing to take the case
What is the reason they gave for not taking your case?
They said it is hard to prove Due Process violation and its children's division and the deputy juvenile office work against mine even after I told them I have email proof from the beginning to prove i am telling the truth
What specific false information was included in the emergency protection order?
That my son and I had physcial altercations, I was stopping my son from suicide. He tried to hang himself, cut his wrists, drink chemicals and each time i restrained him until law enforcement or an ambulance arrived. He also stated there was domestic violence between my partner and I however, he was working with us and the police department to get the report he referred to in the protection order corrected to list my son as the perpetrator but in order to keep my son in states custody the juvenile attorney went to the crimanl prosecutor and had charges filed against me but once i showed the DJO communication of correction the report the case was dismissed
What steps have you taken to correct the false information in the emergency protection order?
I hired and attorney but he told me that he knows the prosecutor and she just wants to get my family services and he trusts her because he has known her for 15 years.
What specific family services did the prosecutor suggest for your family?
Anger managment for me, parenting class for me but nothing for my son. Law enforcement was at our home * times in one year and of those * times * list the juvenile as the suspect of domestic violence * are juvenile suicidal ideation and * are missing person reports when he ran away
What steps have you taken to address the issues with the Children's Division not providing the necessary medical records and ignoring your parental rights?
I have written the Director of Childrens Division and the Childrens Advocate, The case manager supervisor and cirucut manager of the senator's office. The senator's office said they would get back to me but that was 3 months ago.
What specific religious rights were violated while your child was in the custody of the state?
I am a southern baptist and the home he was placed in forces him to go to a Penecostal church.
What steps have you taken to address the violation of your religious rights? In general, the state must respect the religious beliefs of the parents when placing a child in foster care.
i spoke with the childrens division case worker and she told me that there is nothing she can do he has to follow the house rules there. I also contacted an attorney and they said to find an attorney who will take the case but they were not interested
What steps have you taken to address the issue of the state not providing the necessary medical records for your child?
I have contacted the supervisor, the ciruct manager, written the department of Justice also, and no one will help me
What was the response from the Department of Justice when you contacted them about your issue?
that I had a case but they could not take it at this moment
What was the reason given by the Department of Justice for not being able to take your case at this moment?
That is what they said, you have a case but at this time we are not able to take on your case at this moment. They told me to write the disciplinary counsel on the lack of representation of my attorney and he it has made it to the disciplinary review board I am in the * step of that process.
What specific evidence do you have to prove the false information in the emergency protection order?
Email to and from the DJO, medical reports from the hospital and witness statements from non family members and police report with emails back and forth with the office who was at the scene.
What steps have you taken to address the issue of the state not providing the necessary services for your child?
I have written the case manager, the guardian of litem, supervisor and the judge. The judge in Feb told the case worker she wanted to see medical records but by the next court date there was a new judge over my case. And children's division and the GAL still ignore my request
What specific services do you believe your child needs that the state is not providing?
he has been diagnosised by * seperate doctors of having Disruptive Mood Disorder, Reactive Attachment Disorder, Post traumatic Stress Syndrom, Sever Depression, Impulse disorder and dissociation
What specific treatments or therapies have these doctors recommended for your child's diagnosed conditions?
residental treatment by the doctors and the DJO prior to protective custody help me get him on the waiting list for a children's psychiatric hospital but once in the custody of children's division he went to temporary treatment place and the therapist there wanted hmi to stay and complete the program but children division moved him to a fost home instead and while in foster care there has been no anger management, no treatment for his trauma from the sexual abuse done to him by a cousin while living with his mother
What steps have you taken to ensure your child receives the recommended treatments while in foster care?
I have contacted his FST team * time in regards to this matter and each time I am either ignored or they say they are trying to find him services but a year later nothing still.
What specific services or treatments have you requested from the FST team for your child?
Theraputic foster home, cognitive behavioral therapy, dialectic behavioral therapy and psychodynamic therapy plus family therapy and group therapy for him
What has been the response from the FST team regarding your request for these specific therapies and treatments for your child?
nothing that he is in a elevated needs forster home and that he is doing well there. but that's not true he was caught sending nude pictures to adults, blackmailed caught at school with week cartridges and * after someone reported him as a drug dealer
What actions have been taken by the foster home or the state in response to these incidents involving your child?
the foster parents grounded him but the state no action, just like they took no action on his * assaults ranging from a Class B 1st degree domestic assault by choking his step mom unconscious and assault on police officers
What steps have you taken to address the lack of action by the state regarding your child's behavior in the foster home?
they told me he is not in my custody anymore that i can not worry about it
What steps have you taken to regain custody of your child?
I have completed the parenting plan and everything they have requested I do and follow their rules but when I asked for ucstoy to be returned to me they told me i had to redo the psych evaluation and have been waiting for 6 months for the court order to do so and they haven't produced it yet
What is the reason they gave for requiring you to redo the psych evaluation?
that the court wont accept it but the case manager told me the only requirement is that they were Missouri state-approved. they later said because they did not send collateral statements to the psychiatrist which has nothing to do with me, the case manager knew the date for a month, i called her the week of and the day of when i was having it, and the location. she did not send the information.
What steps have you taken to address the issue of the case manager not sending the necessary collateral statements to the psychiatrist?
I have told the other members of the FST team and my then attorney and he was stating that it was complete but then he quite and a new judge and now its 6 months for another court date before I can be heard again. Each time i speak to the judge they ask for the case manager and GAL to produce something and then by that court date we are in front of a new judge
What steps have you taken to ensure continuity in your case despite the frequent change of judges?
I have communicated with everyone, and cc all the important people but I am not heard and they constantly igonroe me. I have written journalist, contacted attorneys and contacted the local news plus filed complaints against the Juvneiel Office and children's Division
What was the response to your complaints against the Juvenile Office and Children's Division?
no reposne as of yet
What specific actions did the Juvenile Office and Children's Division take that you believe violated your rights or the rights of your child?
Putting knowingly false information in a emergency protection order to have my son removed from our home instead off offering services to help us. Not getting my son the mental health services that they helped me get him signed up for once in their custody. Not addressing and treating his mental health needs. Not properly documenting and communicating with the judge of his behavior and fights he has been in while in their custody. Not allowing me to be involved in his school or at least to receive his report cards. Not assisting with family therapy, making my visit be supervised for over a year without an increase when my son has expressed that he wants to come home and unsupervised visits
What steps have you taken to address the issue of supervised visits and your desire for unsupervised visits with your son?
I have asked mutlilple timies and they tell me no
What was the reason given by the Children's Division for denying your request for unsupervised visits with your son?
said it has to be apporved by the court but have not told the court during the past two court dates
What steps have you taken to bring this issue to the court's attention?
I asked to speak to the judge but it was a new judge and she told me to have what i wanted to say in order by the next court date in November
What specific points do you plan to present to the judge in November regarding your case?
the independent assessment did not include his current medical team. how the facility they placed him did not use their own therapist recommendation that they pulled a diagnsosi from a doctor two years prior and that the therapist recommended he have CBT, PBT therapy . How they want me to have another psych evaluation but approved the first one and i am waiting now 6 months for them to submit so they can do the second one. Why has my son been denied access to attend the hearings and why is there no assistance with family therapy if i can not pick my son up and take him to therapy
What steps have you taken to ensure your son's right to attend the hearings and to arrange transportation for him to attend family therapy?
I have asked the foster parents and they said no they do take kids to court, I asked the case manager and she does not acknowledge my ask via email
What steps have you taken to address the issue of the case manager not responding to your emails?
I have went to her supervisor, the cicut manager, then to the director of children's division with no rersponse
What was the response from the director of the children's division when you contacted them about your issue?
that he could not help me
What steps have you taken to escalate this issue beyond the director of the children's division?
I wrote the senator and her office said they would get back to me and that was three months ago
What was the content of the letter you sent to the senator's office?
explainig to her everything that has happened and I needed someone to help me with my son. and him receiving the treatment necessary to deal with his trauma and our family to have reunification
What is the current status of your son's case in the court?
its in progress, are due in court in November
What is the name of the court where your case is due in November?
in the circuit court of the twenty their judicial circuit of Missouri Hillsboro, Jefferson county, Missouri Juvenile Division
What specific actions are you hoping the court will take in your upcoming hearing in November?
my son to come home or a goal date with services attached and a plan for treatment of his truama
What specific services and treatment plan are you hoping to be attached to the goal date for your son's return home?
Family therapy, individtual therapy, and cognitive behavioral therapy
What steps have you taken to ensure these specific therapies (Family therapy, individual therapy, and cognitive behavioral therapy) are included in the treatment plan for your son?
I have asked via email, letters, to every listed in this communication but so far none of this has been impliemted. Before taking my son from the home no services were started then either, they set up up to fail, the family first bill states that services should be offered before a child is removed.
What is the Family First Bill and how does it apply to your case?
its a bill that stated resonable efforts should be implemented before removing a child from the home
What specific reasonable efforts do you believe should have been implemented before your child was removed from your home?
Intensive home therapy, indvidual therapy for my son to help with coping skills managing his anger
What steps have you taken to implement intensive home therapy and individual therapy for your son prior to his removal from your home?
I was on * waiting lists that i got put on for us, i had two therapist coming to our home weekly and on the waiting list for a residnetal facilty
What was the response from the residential facility you were on the waiting list for?
he was havinig suicidal ideation three times a week
What steps have you taken to address your son's suicidal ideation and ensure his safety?
i call him every day and talk to him till he falls asleep
What steps have the foster home or the state taken to address your son's suicidal ideation?
nothing
nothing
they have not done anything, they let him come and go as he pleases and get in to random cars with people over the age of *
What steps have you taken to report these concerns about your son's safety in the foster home to the relevant authorities?
i have told the case worker and the DJO and they have done nothing
I have told his case manager and the deputy juvenile officer and they have done nothing to and told me to get over it he is not in my custody
What specific actions or behaviors of your son are you concerned about while he is in the foster home?
He gets on * and older dating sites and send nude pics to people that think he is 24 years old. He was black mailed for sending nude pics to a classmate, he was caught at school with weed, how did he get a hold of it? they make him walk to and from work at midnight on a back road
What steps have you taken to report these specific incidents (sending nude pictures, being blackmailed, possession of weed, and walking alone at night) to the authorities?
i wrote childrend sidvision and department of justice and neither have responded
What specific information did you include in your letters to the Children's Division and the Department of Justice?
He gets on * and older dating sites and send nude pics to people that think he is 24 years old. He was black mailed for sending nude pics to a classmate, he was caught at school with weed, how did he get a hold of it? they make him walk to and from work at midnight on a back road
What was the response from the Children's Division and the Department of Justice when you reported these incidents?
i have not received a response
What steps have you taken to ensure your son's safety online, such as reporting the incidents to the dating sites or local law enforcement?
I did contanct the dating sites and law enforcement told me they could not do nothing because he was not in my house
What steps have you taken to escalate your concerns about your son's online safety and the response from law enforcement?
i filed a complaint with internal affairs and internal affairs told me they feel their office was correct and there is nothing they can do since he is not in my custody
What was the specific content of your complaint to internal affairs?
I notified law enforcement and childrens divsiion that my son had a cell phone that his medical team prior to going into states custody said he should lnto have because of his behavior and impulses that put him in danger. When i found he was on dating sites and informed the cops and children's division they did nothing about it so i filed a complaint
What was the response from the internal affairs to your complaint about your son's access to a cell phone and his activities on dating sites?
that they believe the officer did nothing wrong
What steps have you taken after receiving the response from internal affairs?
i do not know what to do next
i do not know who to contact about their response
Who is your current legal representative in this case?
I do not have an attorney now he quit and under disciplinary review for it
Why did your attorney quit and what is the nature of the disciplinary review he is under?
He said it was because of none payment but I paid him in full. He is under disciplinary review for not representing me properly. I filed a complaint with the Missouri Bar that he did not represent me that he followed the recommendation of his friend the prosecutor and never reviewed any of the evidence I had to prove my case. He never once argued in my defense just told me to allow jurisdiction over my son to get services for my family but a year and a half later there are still no services and I am no closer to getting my son home
What evidence do you have to support your claim that your previous attorney did not properly represent you?
email communication and petitions with the court
What specific actions or statements in the email communications and court petitions support your claim that your previous attorney did not properly represent you?