The KIDNAPPING and ABUSE of Alyssa and Amber Keast by the corrupt Newaygo County Child Protection Services (CPS) and the Michigan Department of Human Services (DHS) along with our Attorney General's office and the Court of Appeals.
I would like to mention every content on my webpage is completely accurate. I AM WILLING to take a polygraph to demonstrate each and ever point on this webpage is the whole truth and nothing but the truth. I will show that people we have had to deal with in these regards will, can and do lie because they have no accountability. I will show that people we have had to deal with in these regards will, can and do author fraudulent documents because they have no accountability. I will show that people we have had to deal with in these regards will, can and do commit perjury because they have no accountability. I will show that people we have had to deal with in these regards will, can and do emotionally abuse children based on their fraudulent documents and lies because they have no accountability. I will show that people we have had to deal with in these regards will, can and do twist facts to promote their agenda because they have no accountability. I will show that people we have had to deal with in these regards will, can and do make up their own false accusations because they have no accountability. I will show that people we have had to deal with in these regards will, can and do kidnap children based on fraud because they have no accountability. I will be providing names.
I will go as far to make a challenge to anyone that is involved in this case from Newaygo County Child Protection Services (CPS), Newaygo County Mental Health (CMH) and Bethany Christian Services (BCS) to take a polygraph with me. I don't expect I will be getting any takers on the challenge anytime soon....
I always believed the court systems were based on truth and justice. How can there be justice when one side doesn't have to tell the truth?
There are many links to documents and such on this page. You should really check those links out as there is much information and comments that is not used on this particular page. Any test that is BLUE and underlined will be a link to another page.
If there are any links that are not working, please contact me by using this email address abused_by_cps@hotmail.com If you have any comments or things similar has happened to you I'd like to hear your story. CONFIDENTIAL.
*** On my ORIGINAL WEBPAGE, I purposely used a couple item on there just to see how far these people would twist the facts or if they would commit perjury while testifying. I found my answers.
For those of you that, don't feel like or don't have the time to read this whole page, you can use this PEOPLE PAGE LINK. The main purpose of this webpage is to expose those that willfully lie, commit perjury, author fraudulent documents/reports, use fraudulent information in document/reports, because they are willing to do so...... The above link concentrates mostly on just them.
Nicole's attorney is probably going to throw a fit because of this web page. He did try to get the other web page taken off the internet in court. How could I release his clients name and such? He will argue about me having to take this site down again because of internet predators and such. My opinion, the biggest predators of children in our society are Child Protective Services. Now for his information, anyone can get the names of those directly involved in this case by doing a simple search on the internet. I will save everyone the time doing the search. Michigan Court of Appeals.
Below are the actual turn of events in my dealings with these people.
March 14, 2005 an officer from the k-9 unit knocked on our door. I opened the door, while talking to this officer he assured me no one was hurt and there was a request that we go to our daughter, Erica's house to get our granddaughters, Alyssa and Amber. When we arrived at her house we met with Dan Morgan from Child Protective Services (CPS). Our daughter, Erica and her boyfriend Richard's, house had been raided, they were being arrested for selling some prescription medications. Dan helped us gather up some clothes and such for the girls and we took Alyssa and Amber to our home.
March 15, 2005 Dan Morgan came to our home to see if there was anything we needed. He told us of places where we could get the girls clothes and such. Dan was informed whatever the girls needs were we could take care of those needs. The next part of the conversation was in regards to guardianship. Dan started explaining what needed to be done for us to get guardianship of the girls. Dan was informed we knew what needed to be done. We learned all about what the procedure was in regards to this one half a year earlier.
Dan was asked if he could provide our daughter with drug rehab and whatnot. We informed Dan of some of the previous history and in particular he was told the following which happened starting May 1, 2004. During this date we received a telephone call from our daughter's husband Doug to come to Linden, MI and pick up Alyssa and Amber. Which we did. Our daughter went out on a drug binge and Doug hadn't seen her for a couple days. Doug was looking out for Alyssa and Amber's best interest because he didn't have a way or the means of taking care of the children on his own. May 3, 2004 I called the Linden police and filed a missing persons report, Erica was found a day or so later staying at an apartment with other people. Our daughter never contacted us until May 12, 2004 and that was when she finally came to our home and saw her children. We had a long conversation with our daughter and we let her know she isn't getting the girls back until these conditions are met.
1. Go get help, drug rehab and counseling.
2. Get a full
time job so she has the mean to take care of the girls.
3. Find a
suitable place for her and the children to live.
Our daughter agreed to all the above conditions and signed a custody statement I typed out that day, giving us custody of the girls, Doug had previously signed one May 5, 2004. We were still pretty upset with our daughter and wouldn't let her stay with us, so she stayed at a friend home. 2 days later she was coming over to visit the girls and her car broke down. We started letting her stay with us and her children then. While Erica was living with us and the children we tried getting Erica some help, Newaygo Co. Department of Human Services (DHS) wouldn't help. 2 weeks later she got the car fixed and she told grandma she was taking a ride around the block. We didn't see our daughter again for 10 days, when she did come back it was with a new boyfriend. She was now longer welcome to stay in our home. She had abandoned her children the second time in this short period. In July 2004 Erica and her new boyfriend came over and they tried getting inside the house but the door was locked. Barb unlocked the door and Erica pushed Barb then Erica and her new boyfriend grabbed the girls and ran. We went to the Newaygo State Police Post, Erica her boyfriend and the children were there. The female sergeant told us we were basically kidnappers. We learned that day the paper our daughter and her husband signed giving us custody of the children wasn't worth the paper it was written on. Dan was told many more specific details that are not on this page. This pages is about the corruption and lies these people get away with and not about my daughter.
After telling Dan about those things that happened in the past, he told us the only way he could provide Erica any help was if the girls were placed in the care of the state. Barb and I agreed it would be best to place our granddaughters in the foster care system over getting guardianship, in order for our daughter to get the help she so desperately needed so she could be the mother her children deserved. Alyssa and Amber are still going to be living with us.
The next part of our conversation was about getting the girls some counseling. Dan was informed about some of the concerns we had and we believed Alyssa may have been sexually abused. Our daughter had many different boyfriends and she used to leave the girls with them along with others so she could go out and party. (Alyssa and Amber have different fathers.) Dan was told about this one occurrence in particular which happened shortly after we picked up the girls from Linden in 2004. One day I was going to take the children to Amber’s grandfather's home. When Alyssa was informed we were going there she started begging and pleading that she did not want to go while tears were running down her face. A child doesn’t act this way unless something bad had happened to her? Needless to say we didn’t go there.
Dan told us when our daughter gets out of jail she can live with us and her children if we wanted. We were never informed of any rules or regulations per foster care. We were told that as the grandparents, we were to carry on as such with the girls in our care.
March 17, 2005 was the arraignment for Erica and her boyfriend, Richard. When I arrived at the court house Dan Morgan was there. Dan asked if I would walk with him over to the DHS building, on the way there he gave me the girls Medicaid cards. He also had me put the children on my case I have there. I am disabled from an auto accident and I get SSD along with Medicaid and food money. During our conversation Dan requested a few things from me.
1. He wanted a picture of the girls along with some statistics, height, weight etc.
2. He wanted the girls to see a Dr. for a check-up.
After Erica and Richard were arraigned, I informed Dan I was going to post bond and get Erica out of jail. I posted our daughters bond and took her to her house. When we arrived at her house some of Richard's family and friends were there, they were having a hard time coming up with Richard's bond, so I posted his bond and got him out of jail. Our daughter and her boyfriend wanted to stay in the apartment I have in the pole barn next door. When their place was raided, the police broke the glass out of the slider door and they thought the police planted a bug in their house. The boyfriend was told he isn't allowed in our home. They didn't like that one bit.
Later this same evening I took a picture of Alyssa and Amber along with taking their height and weight, etc. I sent Dan an email which included their personal statistics and a web address to a picture of our granddaughters. I also reminded Dan about getting the girls an appointment for counseling.
A new worker was assigned to the case, a foster care worker by the name of Brian Vanderzalm. On April 4, 2005 Brian came to our home for a visit to see how the girls and we are doing and asked if we needed anything. Brian was informed things are fine and we don't need a thing. He looked at the girls and saw they were happy and doing just fine. During this meeting Brian was told about the background which included most of what had previously been told to Dan Morgan. He gave Alyssa and Amber a smile then left. He wasn't here more than 15 minutes. Again we were never told of any rules or regulations that had to be followed per foster care.
I did receive a letter on April 16, 2005 from Brian which included 2 physical and dental forms that needed to be filled out for Alyssa and Amber by their doctor and dentist. There was no mention of any appointment for our granddaughters to get any counseling. After calling and making another request we did get an appointment for Alyssa to see Sandy Terwilliger at Regional Psychology, no appointment was made for Amber. I guess they didn't feel there was a need.
April 28, 2005 we took Alyssa and Amber to their doctor for their physicals, which also included a physical for Alyssa for next years school. During this physical examination we asked the doctor to check and see if either of the girls had any signs that might indicate whether they had ever been sexually abused. There was nothing apparent.
I'm not certain of this date but I believe it was towards the beginning of May. Alyssa was taken to her appointment to see Sandy at Regional Psychology. After this session, we had a conversation with Sandy to see if there are any concerns. Sandy told us, "There is nothing wrong with Alyssa, she is a happy normal 5 year old."
May 7, 2005 Grandma and I had a discussion about letting our daughter take the girls a couple hours on Mothers Day. Prior to this date there had never been any indication from Dan or Brian there are any restriction as to contact our daughter could have with her children. How could there be? We were told Erica could stay in our home with her children. The discussion went as follows: our daughter was not doing drugs as the drug tests all came back clean. There was no indications from anyone this was inappropriate. I was against it and I let grandma use her judgment. Grandma allowed Erica to take her children for a couple hours on Mother's Day.
May 18 or 19, 2005 Brian stopped by. He told us a hearing had just taken place. Brian told us our daughter can take the girls on Sundays for church. He told us it was in our discretion when Alyssa and Amber were returned home. He told us Erica could take Alyssa and Amber out to eat or take them to the park to play or such after church. I informed Brian, Erica was allowed to take the children on Mothers Day. My concern was our daughter didn't follow Barb's instructions and she had the girls longer than she was suppose to. Brian asked where Erica took the girls, I wasn't sure but thought she took the children to her house. Brian had absolutely nothing to say about our daughter taking the girls but he did state he didn't want our daughters boyfriend to have contact with the children. This was when I informed Brian, Richard (Erica's boyfriend) had been staying next door with Erica. Brian told me Richard can't stay next door.. Brian said he was going next door to let our daughter and her boyfriend know he cannot stay there or have any contact with these children. Brian said that when Erica has time with her children that is her time and no one else's. This day both our daughter and her boyfriend knew he could have no contact with these children. I do know Brain told them because after he left I was confronted by both our daughter and her boyfriend. The boyfriend moved back to their house this day.
I learned that when Erica took Alyssa and Amber to church for the very first time on May 22, 2005, Richard had lunch with Erica and the children. This was only 4 days after they were both told this could not happen.
May 26, 2005 Brian came to our home again and I'm not sure the reason why. I informed Brian what happened during the previous Sunday. We were told our daughter can still take her children to church on Sunday's and it is still in our discretion if they were returned right after church or not. Brian went next door and confronted our daughter. Boy was she mad at me but she was told this was unacceptable.
June 10, 2005 Alyssa had a graduation from Five Cap, next year she will be starting kindergarten. Our daughter was suppose to ride with us to Alyssa's graduation but she was no where to be found. When we arrive at the school our daughter and her boyfriend were there. We were livid, it seems they just don't get it. They were confronted as much as could be inside a class room full of children and a bunch of parents. They knew we were not happy one bit and I could tell they weren't happy with us. How many times do they have to be told? This was one of the most uncomfortable setting I had ever been in.
After the graduation was over I confronted both Erica and Richard outside. Erica left the apartment and moved back with Richard at their house this day.. Two days later I made it to the store and purchased a new lock for the apartment. Our daughter can't keep her boyfriend away from these children. She won't quit bring Richard over here so she can now long come back next door to stay.
June 14, 2005 Richard was sentenced for his part of the drug selling. Our daughter called to let us know her boyfriend didn't get anything for his sentence and asked to come over and see her children. At the time I told her no, we are going to White Cloud and get the money I posted for his bond. She said she wants to come over anyways, I looked at the clock and realized we wouldn't make it to the courthouse before they close for lunch. I told her she could come over and visit with her children for a little while. The 3 of them visited in the children's bedroom for a half hour or so. When I told our daughter she has to leave so we can go to the court house, Amber started throwing a fit. Amber picked up a shoe and threw it toward me then laid on the floor kicking and screaming. This was something she had never done before. I picked Amber up and stood her in the corner, she slip back to the floor and started kicking the slider glass. Grandma got her back on her feet and told Amber to stand there and be quiet. Our daughter ran out the door screaming. Within seconds after our daughter left our home, Amber was calm again. I walked outside and saw Richard was in the car. I wasn't outside more than 15 seconds, when I came back inside Amber was laughing and putting her shoes on. Our youngest son was outside and he told me that when our daughter passed by him he told her to leave and don't come back. We got the girls ready for the trip to the courthouse then left. While we were gone our daughter came back to get some things from the apartment. She couldn't get in because the lock had been changed. She called and left this message on our answering machine.
“I just want to know what the hell is going on. I went to get some of my stuff and you f***ing changed the door locks. Don’t worry, you want to play evil so can I,… see ya.” Here is that message if you want to listen to it.
After what happened on June 10th I did what I thought was necessary to keep the boyfriend away from these children and our property. I called Brian and left him a message which informed him our daughter was up to some crap. Because of doing as we were told and not letting the boyfriend have contact with the children, then punishing our daughter because she let the boyfriend have contact with the children, it set the following events in motion.
June 15, 2005 there was a knock on the door. Grandma answered the door, the person introduced herself as Candace Baumgartner a CPS investigator. Grandma told her she was expecting someone, I think that surprised Candace. She was invited into our home and we sat at the dinner table and had a meeting. During this meeting we told Candace exactly what transpired the day before. Candace informed us our daughter said grandma threw Amber in the corner and that our youngest son spanks the children. Both Alyssa and Amber were beside the table with big smiles on their faces. I told Candace, the girls are right here ask them. Candace looked at the girls and gave them a smile, she didn't say a word to either of them. We explained to Candace what we believe is happening.
1. Our daughter is upset with us because we are punishing her for letting the boyfriend have contact with
the children. Candace was told what was on the answering machine from the day before.
2. When I asked our daughter to leave that upset Amber because she wasn't going home with mommy
and that was the reason for the fit. I believe Erica told the children what happened in court that
morning and let the children believe they will be going home.
3. Our daughter and her boyfriend both have the criminal cases closed. Our daughter wants her children
back and she is making up these lies in hopes the children will be removed form our care and returned
to her.
Before Candace left, she asked us if it would be best if our daughter only had visitations with her children at the DHS office. We agreed that would probably be the best thing for both us and the children. Here is a copy of the report Candace submitted along with my comments. You will notice her reports is factually wrong and she supplied fraudulent information in this report. As we have since learned, this seem to be a common occurrence when dealing with CPS/Foster workers. They can't be trusted to tell or write down the truth.
June 17, 2005 Brian Vanderzalm stopped by and he wanted to know what was happening. Brian was told the exact thing as Candace along with what happened on June 10th. He was also told about the message Erica left us on the answering machine from June 14. He knew we were punishing Erica for letting her boyfriend have contact with our granddaughters.
During this conversation Brian stated we aren't suppose to let our daughter have unsupervised visits. This was the first time this had ever been mentioned. We told Brian we didn't think our daughter should be taking the girls to church anymore. After all what had happened and what Brian was told, he still said we have to let our daughter take the children on Sunday unsupervised and it is still in our discretion whether the children are returned straight after church or not. Brian was told if we have to let Erica take the children to church it will be straight there and straight back.
When leaving Brian asked us outside on the front deck. This was when I was asked if I smoke marijuana. I told Brian, "In the past I may have smoked some a couple times a year sociably." He asked grandma the same question. Grandma told him no I never have, I'm a nerd. Brian left.
Here is the court report Brian submitted along with my comments.
June 20, 2005 We took Alyssa to get her hair trimmed.
June 22, 2005 we received a call from Brian, he wants to meet with us and the children at DHS. We were informed the children have a new case worker, Kathy Sholty. After arriving at DHS the first thing we mention was Alyssa's hair cut. You should have seen the expression on their faces. You would have thought we committed a major crime. This was when we we informed we can't get the girls hair cut without the mothers permission. During this meeting with Brian and Kathy we were informed they are going to remove Alyssa and Amber from out home. The girls are being removed in their "best interest." We were asked if another family member would take these girls in, our son was mentioned. I informed Brian and Kathy there is no way Erica will agree to let her sister-in-law have these children. In the past all Erica did was talk about Kim and tell us how much she hates her. We were informed they will contact our son. I asked Brian and Kathy about the Sunday church visits, again we were told we have to let our daughter take the girls to church on Sunday unsupervised.
When we returned home with our granddaughters the first thing I did was call the toll free telephone number that was provided on the agency decision they gave us. I called to start the appeal, a message was left on their answering machine. I received a call from the appeal board the following day so I explained what was happening. CPS is removing the girls from our care and they may be placed in our son's home. I didn't think his home would be approved for 2 more children. They had a 3 bedroom home, there are already 3 children living in that home and his wife was pregnant with another child. During my conversation with the lady I made sure that if our son did get these children and they went to a foster home from there, I could still get this appeal. I didn't think Alyssa and Amber would be staying at my son's home for very long considering their own circumstances.
The following evening I received a call from Kathy Sholty. We were told our son's home was approved and we would have to transfer the children to our son and his wife's care on June 27, 2005. I asked about our daughter taking the girls to church on Sunday, I was told again we have to let her. We are supposed to still let our daughter take Alyssa and Amber to church unsupervised after all that has happened with Erica not following a "Parent Agency Agreement." Grandma and I decided we were not going to have a part of this so we had our son pick up the girls June 25, 2005. We were so mad at our daughter for what she is doing to these children we didn't want to see her.
Our daughter was mad at us for punishing her because she was letting her boyfriend have contact with her girls and she didn't want them with us any longer, so the children were removed. Our granddaughters were removed from our care for that one reason only, it certainly wasn't in these beautiful innocent young ladies "best interest".
We know that statement is true for this very reason, our daughter stated on many occasions how much she hates our son's wife. There would be no way our daughter would let her children be with our daughter-in-law. Yet our daughter lets Alyssa and Amber go to our son's home over them going into a foster home.
Of course the workers at child protective services had to justify this move, hence their lies and fraudulent information they provided in the cps investigation and court report.
July 1, 2005 our son called and said they can't handle the children and they are taking them to White Cloud. This was just as we expected and the reason I made sure we would be able to get the Foster Care Review Board hearing. We never had a problem with these young ladies except for a short time after they had visits with their mother. I went over to my son's home, when the children came outside the first thing Alyssa said, "Grandpa I want to come back home with you." Amber said, "Me too." I visited and played with the girls for a half hour or so and took a few pictures. Here are those pictures. At the time I didn't have the heart to tell Alyssa and Amber what was in store for them. I gave them both big hugs and kisses goodbye, they were put in our son's van and I left.
When I returned home I called the Foster Care Review board to go ahead with our hearing. My message was left on their answering machine. July 6, 2005 I still hadn't received a call back so I called the FCRB that day. I talked to the same person I had contact with from the start. I was told someone would call me right back. I never received a call back so I called the FCRB again the following day. I talked to the same person and again I was told the same thing as the day before, someone will call me right back. I never received a call back again. I tried this one more time on July 8, 2005, again I talked to the same person and again I was told the same thing. That was 3 days in a row I was told someone would call me back and they never did.
July 13, 2005 I called the FCRB and talked to the same person, this time she put me on hold for about 6 minutes. When she got back to me she again told me someone would call me right back. Someone finally did call me back this time at exactly 11:00am by the name of Kelly. Here is a copy of my phone bill. Imagine this, she told me we are getting our FCRB hearing and it starts today at 11:00am. We were never informed about this hearing until the exact same time it was to start. I asked Kelly if this could be postponed and Iwas told NO, if you don't go to this hearing that is it. She told me it was hard enough to get the board members together for this hearing with their schedules. Kelly told me she would call Newaygo Co. DHS and let them know what happened and we would be late. Grandma and I got ready as fast as we could then left for this hearing. We were not prepared one bit, we had no council and no one that could speak on our behalf as far as friends and family.
On the way to White Cloud grandma and I had a conversation about this hearing and what is happening, we decided we didn't have much to say without getting any advance notice because we were not prepared, we will appeal the FCRB decision in court if needed. In fact we even talked about turning around and going back home. We arrived about 45 minutes late and the first thing we had to do was write a statement saying why we disagree with the CPS decision for removal. While we were writing this statement the person whom we later found out was in charge of this hearing told us he was against us even getting the hearing. While we were going into the meeting room we were informed our daughter's attorney already made his statement. We didn't even get to hear what he had to say. Inside the room was our daughter, her boyfriend, her attorney, the CPS workers and the FC board members. It seems everyone was informed about this hearing well in advance but us and we were the ones that requested this hearing.
The first one to talk after we were in the room was Brian Vanderzalm. He told the board the 2 reason the girls were removed. He said I admitted I smoke marijuana and we let our daughter have unsupervised visits and the boyfriend had contact with the children which was in violation of the "parent agency agreement."
Here is this "Parent Agency Agreement" along with my comments.
The next one to speak was our daughter, she stated she agrees with the move. I was in disbelief that our daughter would be that revengeful and agree to let her children live with a complete stranger over grandparents these girls know and love.
My mind went blank for a few minutes after our daughters statement. The only thing I remember being asked by the board was if I knew our daughter's visit with her children were suppose to be supervised. I answered, "Yes" (I did know this because Brian told me this for the first time June 17, 2005 during our meeting). This was 5 days before we were informed they were removing our granddaughters and quite some time after our daughter had these visits.
The next one to speak was Erica's boyfriend. He pulled out a piece of paper and started reading from it. It seems even he was notified well in advance about this hearing. Why were we the only ones that weren't notified? While reading from his hand written statement of lies he made a comment about grandma needing parent classes. That was the wrong thing to say, we never had any involvement with our children and CPS. Grandma didn't like this person from the first time she met him, she got up and gave him a piece of her mind then left the room, I followed. Now we get to wait the board's decision.
July 23, 2005. We received the FCRB decision. I opened the envelope and was so upset after looking at the first page, the box is checked in which the board agrees with the agency that the move is in the children's "best interest" and we cannot even have a court hearing, our appeal stops here. Talk about an unfair and unjust hearing, we were never notified so we could be prepared for this hearing and now we can't even appeal their decision with a court hearing. I didn't even bother reading what was in the report. I threw it in the trash.
Here is what is in the FCRB report I received this copy from CPS September 25, 2006.
August 1, 2005 CPS let the boyfriend start having visitation with Alyssa and Amber. Isn't this amazing? It wasn't 5 weeks ago CPS used the contacts Erica let happen between the boyfriend and the children as a excuse to remove the children from our care and now they are giving him visitations.
August 5, 2005 I called to see if we could visit with our granddaughters as this was something a board member asked during our hearing. I was told no, the children are having some behavioral issues that are being addressed.
During the next month or so I talked to Lacy Gonzalez-Borstler 2 more times about getting visitations with Alyssa and Amber. Both times I was told no , "Grandparents have no rights." The second time I called and she told me Grandparents have no rights, I got into an argument with her because I had read our legislators had passed a law that addresses this issue. I wonder why these contacts aren't in her reports?
December 9, 2005 Both Erica and her boyfriend failed a drug screening. This same day CPS returned the children home knowing the drug tests were positive. The children were removed from our care because I used to smoke marijuana prior to them being places with us. The children are returned to their mother and boyfriend and CPS knows they are currently smoking marijuana. They are returned to the same house that had recently been raided.
On or about Dec. 15, 2005 we learned Erica got Alyssa and Amber back.
December 16, 2005 The children are removed form our daughter's care again because she took an overdose of Flexeril.
We bought each of the girls a Christmas present and I left them in a plastic bag on the front deck at our daughters house in the very early hours of Dec. 26, 2005. Our granddaughters weren't even there to open the presents.
December 28, 2005 Doug called and informed me the children had been removed from my daughter's care again. Doug didn't know the reason why. I called Lacy to see why the children were removed from our daughters care. Lace told me it was because Erica tested positive for drugs. I asked Lacy what drugs she tested positive from and was told she couldn't tell me. Now, did Lacy deliberately tell me a lie? Oh you bet she did. I learned later in documents the children were returned to the mother even though she tested positive for THC. The children were removed because Erica tried to overdose on Flexeril.
Jan 3, 2006 I called Lacy and we talked about a variety of topics. First I started the conversation about Doug, Alyssa's father, and his concerned about his daughter. Lacey's reply was basically that he hasn't shown any concerns. Then I asked if the girls had received the Christmas presents we bought them. Lacy replied that they hadn't because Erica hasn't had a visit with the girls since they were removed from her house. Then I thought I would give it a shot and asked if we could visit with Alyssa and Amber, of course the answer was no.
Sunday, Jan. 22, 2006 was Alyssa's 6th birthday, grandma and I got each of the girls a little something. Jan 23, 2006 we went to the school, grandma asked if I would take the goodies in. I went to the office and inquired about giving the package to Alyssa, I was told she is taking recess and to come back in 15 minutes or so. We went back to the school and I took the goodies back in. I was met by the principal, she told me I can't give Alyssa the gifts because she is in class and they can't take her out. She told me that I could leave the gifts and she would make sure Alyssa got it. The principal then asked if I would like to talk to her in her office, I declined. I was so disappointed and was holding the tears from running down my face. I receive a call from Lacey and was told that I cannot try and see Alyssa.
Feb. 14, 2006, grandma and I made each of the girls a Valentines Day Card and bought them each a box of Candy Hearts. We went to the school and again grandma wanted me to take this inside. I went to the office and asked if they would give this to Alyssa, I was assured they would and I left. Again I got a call from Lacey, what is her problem? I didn't ask or try to see anyone I just dropped off the cards and candy at the office then left. I was told that if we wanted to get the girls something we would have to take it to DHS.
I'm not sure of this date but grandma and I was informed by Alyssa's father there was a hearing to terminate his parental rights and there was a good chance our daughter faith was the same. We made an appointment with an attorney from Muskegon by the name of Al Swanson, he was informed of the situation and we want to adopt our granddaughters if the parents rights are terminated. He told us what his retainer fee would be and to contact him if Alyssa's father had his rights terminated.
Feb. 22, 2006 was the day for the paternal rights hearing for the father of Alyssa. Before this hearing I went over to DHS and had a talk with Lacey. The majority of this conversation was about Alyssa's father. Lacey was told what our daughter is doing to her children is unforgivable. During the end of this conversation I asked Lacey about the Christmas presents grandma and I bought for our granddaughters. Lacey told me the girls received the gifts and loved them. The next part was quite revealing, Lacey asked me what the presents were. I told her exactly what they were and you should have seen the expression on her face. If looks could kill I would be dead. Did our daughter claimed these gifts as present from herself?
Alyssa's fathers parental right were terminated this day. Erica and her boyfriend was at this hearing. I happened to get a chance to talk to Erica for about 1 minute between the outside doors and the inner doors of the courthouse. I told Erica I heard they are going to try and terminate her rights and if they do grandma and I are going to try and adopt our granddaughters. I told Erica to quit her lying, she stated I don't lie then left the building. I followed her to the car she rode in and tried to get her to talk, she wouldn't open the door so I left
DATE?, We had a second meeting with attorney Al Swanson from Muskegon, During this meeting he was paid the retainer fee. He told us he would monitor this case and he would have the adoption petitions prepared. He told us he would be at our daughter termination hearing if it took place and would submit our petition to adopt if her right were terminated.
March 15, 2006 was Erica's next court date. She was standing outside the courthouse when I pulled in the parking lot. I parked in the County Offices Parking Lot facing the courthouse. When getting out of the car Erica saw me and had a disgusting look on her face, she went inside. When I went in the courthouse the officer doing the security had a conversation with me, evidently Erica told him I tried to start some trouble after Doug's hearing. I told him Erica is lying and good at it, the only thing that happened after the last hearing was I tried to talk to her and she didn't want to so I left.
The next important day of the year was Easter. Grandma and I bought Alyssa and Amber each an Easter Basket and filled them with candy. A few days before Easter we had my stepmother take the baskets to the school for the girls. No one received a call from Lacey about the baskets. It seems anyone else can take thing to the school for Alyssa and Amber as long as it isn't grandma or grandpa, someone these girls know and love.
April 5, 2006, I received a phone call from Doug, he told me he received a court document but was surprised as his rights had been terminated. He told me the basics in this report and was asked if he would mail it to me.
April 7, 2006 Grandma and I went to town. We weren't allowed to see either of our granddaughters in quite some time. On this date we decided we would see if we could get a glimpse of Alyssa while having recess in the school playground. We parked some distance away from the playground in a private driveway just sitting there to see if we would be able to get a peak at our granddaughter. While looking we never was able to identify Alyssa, we were parked to far away to really tell. The following day a police officer from Grant stopped by. I answerer the door, he said he received a complaint from CPS stating that I was parked in the school parking lot taking pictures. I told him I was around but I was not parked in the school parking lot but parked in a private driveway and I didn't take any pictures. I was told if I do this again he would arrest me for stalking. Sometime later I was able to get a copy of this police complaint and report. It seems Dan Morgan is the one who called in this complaint. Isn't it against the law to lie in a police complaint? Well that is exactly what he did.
April 10,2006 I received the letter from Doug. After reviewing this document I had some concerns that needed to be addressed with our attorney. I called his office and told the secretary what was in this document and asked for their fax number. I faxed the document along with a letter that addressed my concerns. In this document it stated that a termination hearing had to take place within in 42 days from our daughter pervious hearing which took place March 15, 2006. There was a court date on the last page that wasn't within this 42 day period. The hearing date was for June 21, 2006. Here is a copy of the faxed letter I sent to Al. I never received a reply from Al in regards to this fax after calling his office many times.
June 12, 2006, I received a call from a nurse that works at the Newaygo County Jail. Our daughter was arrested and the nurse requested I bring up Erica's medications. I informed her I don't have a relationship with my daughter but I will see what I can do. I called the Newaygo State Police Post and talked to central dispatch from Newaygo Co. I request that a police officer meet me at Erica's and her boyfriends residence so no trouble could occur from him. I was met at the corner of the crossroad by a female State Trooper, good thing I requested the back-up. It took the boyfriend quite some time to answer the door, this was only after the trooper used her loud siren to get his attention. He gave me her medication, I returned home and picked up my wife and delivered Erica's medications to the jail. Our daughter was charged with filing a false police report of sexual assault. I guess she lied to the wrong person this time?
June 13, 2006, this was the day for Erica's preliminary hearing. I attended the hearing and as Erica walked past me after her appearance she asked me to post her bond, I declined.
June 16, 2006 Our daughter wrote THIS LETTER to Judge Thomas. This was one of the many documents I happen to get out of the court files after we started our quest to adopt our granddaughters. Judge Thomas referenced this letter in a hearing on August 9, 2006.
June 21, 2006, was the hearing date that was on that court document I received from Doug. Grandma and I arrived at the courthouse 30 minutes in advance of the scheduled time for this hearing. The courtroom was closed and the lights were turned off. We waited at the courthouse around for 20 minutes past the schedule hearing time. During all this time we were at the courthouse we never saw the attorney we hired, he was not there. This hearing never took place. After leaving the courthouse we walked next door to the DHS building so we could talk to Lacey. There is a phone in the lobby a person can use to call the workers directly. I called her number and got her answering machine, I left her a message to call me, Lacey never returned my call.
When I returned home I called our attorney's office and talked to the secretary. I inquired why Al wasn't at the courthouse and she told me he said he was but the courtroom was closed. If he had been there why didn't we see him. We were there well in advance of the scheduled hearing start and stayed long after we found out there was no hearing. We never saw Al. Prior to this date I called Al Swanson's office many, many, many time and asked his secretary to have him give me a call. She told me she did give him all my messages and she couldn't understand why he wasn't calling me back.. I let Al's secretary know how upset I was and I want my retainer fee back. From the time I gave this person the retainer fee he had done absolutely nothing he promised and would not even return any of my phone calls.
A couple days later I called Lacy again and left a message with no return call back.
June 28, 2006 I paid my daughter a visit. Apparently she is the only one I can get any information from. The POS attorney I hired won't return any calls and it seems CPS won't either. During this short visit Erica told me about Alyssa bring home some pictures from the foster home. Erica told me Lacey called her and wanted these pictures back but was told they had been thrown away. Erica gave some of the pictures to me with the understanding I would return them. There is an irony to this, if Lacey had returned my call I never would have had a reason to pay Erica a visit and I wouldn't have THIS PICTURE. During this visit was when I was informed Erica had signed her rights away and the girls are up for adoption. After hearing this information I immediately left, when I returned home I called DHS and learned of the contact I needed to start the adoption, I need to contact a worker from Midland County DHS by the name of Margaret Kozuch. I called her and was told I need to send her a letter of intent. This letter was typed and in the mail the following day.
July 6, 2006 I received a call from Margaret from Midland DHS and was informed Bethany Christian Services (BCS) is doing the adoption of our granddaughters. I was given their contact information, I called BCS and was redirected to Suzanne Adams telephone where I left a message and contact information.
July 7, 2006 I received a call from Suzanne Adams and we set up an appointment date. I called the the attorney I hired and talked to his secretary. I was told there is a check for me and it can be mailed or I can pick it up. Guess what I chose to do? I certainly wasn't going to let that money stay in his bank account a minute longer, so it was picked up.
July 14, 2006 I received a call from Suzanne Adams, she wanted us to meet her at her office in Fremont using the reason it was quit warm outside and they have air conditioning. I told her we also have air conditioning so she came here.
Suzanne knocked on our door and was invited in, she sat on our love seat and remained there the entire time during this meeting. She broke the ice by talking about how comfortable her seat was and she had recently purchased some new furniture, which was not nearly as comfortable as this. We started talking about the adoption procedure and forms were signed. These are the ones I remember. She never did give us a copy of the forms we signed.
1. An adoption application.
2. Medical release forms
3. Releases for county and state background checks.
She gave us some material about adoption subsidies and briefly went over the pamphlets. We had a very nice discussion during this meeting, We were told during this meeting that there was a good chance we would be denied to adopt our granddaughters because of 2 concerns she had. Suzanne was told we will fight as long as we have to to get our granddaughter back home where they belong. Suzanne had 2 concerns and only 2 concerns, this is important and I will address this later.
1. My past marijuana usage
2. The other concern was the fact the girls were removed from our care.
Suzanne was informed I quit smoking marijuana before our granddaughters were placed in our care. I quit smoking it February 2004 and since that date I had a couple puffs on 2 occasions. The last was March 7, 2005
We went into great details with Suzanne about how unjustly the girls were removed from our care. We let Suzanne know, Dan told us Erica could stay in our home with her children and there were no restrictions as far as contact between Erica and her children. Suzanne was told that we were never told any visits Erica had with her children were suppose to be supervised until a few days before we were informed CPS was going to remove the children from our care. Suzanne was told that when Brian was informed about the Mothers Day visitation he said nothing about that, if it was a concern he should have said something. Suzanne was informed we did not let the boyfriend have contact with the children, Suzanne then listened to the message on the answering machine our daughter left June 14, 2005. Erica was mad at us because she was being punished for letting her boyfriend have contact with the children and the retaliation with her lies. As a matter of fact, we went into even greater details with Suzanne about what happened than what I have on this page.
Suzanne told me she wanted me to get a substance abuse assessment and if that came back OK I probably wouldn't need a psychological assessment. She wanted us each to get a physical. While we were talking Suzanne's ink pen conveniently leaked all over her hand so I went in the room the girls used to sleep in and retrieved her a couple baby wipes. I figured the alcohol would nicely remove the ink from Suzanne's hand. Suzanne told us she would need to have a minimum of 2 home studies and possibly 3 for this adoption assessment. During this meeting I asked Suzanne if Newaygo Co. CPS has a part in this adoption process, she told me no, their only role is the foster care of the children. The next topic was personal references, Suzanne needed us to provided the names and addresses so she could send them the forms to fill out. Suzanne left us each a couple forms she needed us to fill out, then she left.
1. A self study which is basically a bunch of questions which would give her much information about
ourselves, present and past.
2. The other form was for our family history's.
Suzanne never checked out our home this day and this is important as this is something that is required to be done as far as the home assessment. Adoption workers are suppose to make sure a home is suitable for adoptions. All Suzanne could see is what was visible from her seat. I called our doctors office for an appointment for the physical, we can't get one with our family physician for almost 3 weeks but we can get an appointment with a different doctor the beginning of next week. I called Suzanne to let her know about the differences in appointment dates. She advised me either appointment date was fine. Barb and I decided to take the earlier appointment.
I believe it was the following day there was a message on our answering machine, it was from Suzanne. The message stated she called Arbor Circle and left a message on their machine. This message stated she left them my contact information so they could call me to set up an appointment for the drug assessment.
July 17, 2006 I called Suzanne and informed her our self studies and family history forms were completed. Suzanne said she would come over later in the day and pick them up.. Suzanne did call to inform me later she would not be able to pick up the completed forms.
July 18, 2006 Barb and I had our adoption physicals done. I requested that a drug test be performed for myself. I received a call from Arbor Circle Counseling, an appointment was scheduled for July 25, 2006. I'm not positive if we dropped off the completed forms this day that Suzanne didn't pick up or if it was July 21, 2005 which was when we stopped by BCS so I could sign and take a copy of a release form for Arbor Circle.
July 25, 2006 We went to Arbor Circle and I had the drug and alcohol assessment. I'm not sure of the date Suzanne received the results of this assessment, she never entered this on our list of contacts.
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August, 15, 2006 I Called Suzanne and while talking she informed me she received the drug assessment and it was good. Even though the drug assessment was good she still wants me to have the psychological evaluation. Evidently Suzanne never expected these results from the drug assessment. I was informed I can find my own psychologist to do this evaluation but Suzanne would have to talk to whomever before this evaluation was done. I started calling around to find someone to do the evaluation. Most of the psychologists I talked to didn't do adoption evaluations. The psychologists that did do them wanted to know what concerns Bethany had. I called Suzanne and asked her to email her concerns so the different psychologists wouldn’t have to call her about those. I was informed Suzanne still needed to talk to whoever I decided to do the evaluation. During this conversation I asked Suzanne if we could see the girls and give Amber a birthday present. She told me she wasn’t sure of her role but would let me know.
August 16, 2006 Suzanne called and informed me we would have to call the girls caseworker at CPS about the birthday present and visitations. Barb called Lacey at CPS and left her a message about these subjects..
August 17, 2006 Lacey returned Barbs call. Barb was informed BCS is doing the adoption so the visitation would have to go through there. I called Suzanne at BCS and relayed the message Barb received from Lacey. Suzanne told me NO, we can't see the girls. Barb called Lacey back and asked her if we took the present to DHS if she would give it to Amber. Lacey was informed we will be getting Alyssa something also.
August 18, 2006 We bought Amber her birthday present along with something for Alyssa. We took it to the DHS office but Lacey wasn't around. The receptionist talked to Dan Morgan and she was told to take the presents and put them in Lacey's cubicle.
I believe it was August 21, 2006 that Suzanne emailed us the list of concerns. Again no record in our assessment contacts. I copied the contents of the email and put this into a file and stored it on my computer. I asked Barb not to delete this email but she inadvertently did just that. I did find a psychologist in the surrounding area, I was told the evaluation would cost $350.00, I made an appointment for Sep. 6, 2006. Suzanne was informed of this appointment and whom it was with so she could talk to this psychologist.
August 24, 2006 We went to BCS so I could sign release forms and take a copy with me for the psychologist.
Sept, 6, 2006 We went to the appointment for this psychologist. I filled out some paperwork and had a consultation with him. This was mainly a meet and greet in which he told us about his education and such. He told me the price for his services now would be $1000.00. An appointment was made for Sept. 13, 2006 to start doing some of the paper tests, another appointment was made for Oct. 7, 2006 to do the rest of the evaluation. On the way home Barb and I talked and decided no way am I going to have my evaluation done here. There was quite a discrepancy in the price I was quoted over the phone and the price he quoted in our meeting. We thought this was unethical. I returned home and started looking for another psychologist.
Sept. 11, 2006 I was referred to Dr. Griffioen and contacted his office, an appointment was made with him for Sept. 25, 2006. I called Suzanne this day also, our adoption assessment started July 14, 2005 and were told we would need a minimum of 2 home studies. Between July 14, 2005 and this date there were several appointments that were made and cancelled by Suzanne. I was curious why the delay so this call was basically to see about another appointment. An appointment was made for Sept, 13, 2006.
During this same conversation I let her know I was thinking about hiring a attorney but was hesitant because the money was earmarked for the girls when we get them. Suzanne told me, "You now have a slim chance of even getting the girls." I asked her isn’t what is happening suppose to be in the "best interest" of the girls. Then asked her isn’t being with family they love and family that love them in their "best interest?" She said it has been a long time since the girls have seen us. Then I told her they still remember us…Earlier in another conversation Suzanne told me she had a visit with the girls, Alyssa anyways. Suzanne told me she asked Alyssa if she remember who she stayed with before. Alyssa talked about our son Tim a little, then Alyssa bowed her head, looking at the floor for a period of time then mentioned us. That right there should have let Suzanne know Alyssa is hurting and still thinking of us.
Sept 12, 2005 I called the psychologist I met with on Sept. 6, 2005 and informed his receptionist I would not be there tomorrow. I am seeing someone else. I sent an email to Steve Yager, I request DHS documents that pertained to our granddaughters.
Sept. 13, 2006 I received a call from Suzanne and was asked if we could meet her in Fremont at BCS. She told me she doesn't have to meet here as she had already seen our home, yet she didn't do what was required and check out our home. Barb and I went to Fremont for this home study. Suzanne showed us the room we were going to have this meeting. Suzanne then asked if either of us wanted a cup of coffee, I accepted while Barb declined. Suzanne retrieved 2 cups of coffee, one for her and one for myself.
The meeting then started, Suzanne stated again we have a slim chance of adopting our granddaughters and the reason why. It seems a sex abuse accusation was brought up against me. I blamed our daughter for this accusation. I then told Suzanne about the incident that happened in 2004 where Alyssa was begging and pleading not to go over to Amber's grandfathers home and we had concern the girls may have been sexual abused. I informed Suzanne this was brought up in the first meeting we had with Dan Morgan March 14, 2005. I informed Suzanne we requested some counseling for the girl's for this same reason. I informed Suzanne this was also told to Brian Vanderzalm during our first meeting. I informed Suzanne the girls were checked for this during their physicals and there were no apparent signs of sexual abuse. I informed Suzanne, Alyssa had seen Sandy Terwillegar at Regional Psychology and after this session we were told, "There is nothing wrong with Alyssa, she is a happy normal 5 year old." Suzanne was surprised and stated she didn't know about the session with Sandy.
Suzanne then asked how the psychological session went that morning. I informed her I called there yesterday and cancelled my appointments, I will be seeing someone else. I told her I will be seeing Dr. Steve Griffioen from Grand Rapids. I told Suzanne the reason for the change, Dr. Griffion is cheaper and I believed the other Dr. was being unethical because of the change in his prices. The rest of this meeting was Suzanne going over the self study questions we filled out and our family history. Before leaving I signed release forms for Dr. Griffioen.
I received a reply back from Steve Yager, he stated he doesn't process record requests. He asked which county office was involved and stated he will make sure I get everything I'm entitled to according to the law. I replied to Steve and gave him the requested information.
Sept. 15, 2006 I called Suzanne to let her know the contact info on the release form for Dr. Griffioen was incorrect, the message was left on her answering machine. She called back but we weren’t home, she left a message asking me to leave the correct info on her answering machine.
Sept, 18, 2006 I called BCS and left the correct contact info for Dr. Griffioen with the receptionist.
Sept. 22, 2005 I called BCS but Suzanne wasn’t there. I talked to the receptionist asking if Suzanne had made contact with Dr. Griffioen, because Suzanne wants to talk to the Dr. before the psychological evaluation is started.
Sept. 25, 2006 Went to the appointment for Dr. Griffioen, it mostly consisted of background info. I was given the paper tests that needed to be filled out, which I did.
I received some documents that were requested from DHS, only 3 documents were sent.
1. The Foster Care Notice of Move
2. The CPS investigation report.
3. The Foster Care Review Board decision
Oct. 1, 2006 I sent a letter to the Children's Ombudsman Office. The reason I wrote to the Ombudsman's office was because these people tried to eliminate us from adopting our granddaughters by making up this false sex abuse accusation.
I called Suzanne to see if she talked to Dr. Griffioen. I was told she did talk to him. During this conversation Suzanne let me know she isn’t going to use the sex abuse accusation in her report, there is no evidence. I will talk more about this later. I asked her who made this complaint and was told Erica did.
I let her know I received some reports from Newaygo County DHS and there are a bunch of lies in those reports and that I sent a letter to the Ombudsman's office.
Oct. 4, 2006 We went to see Dr. Griffioen for the rest of my psychological evaluation. He informed us that he did get a chance to talk to Suzanne. We were told he got the impression from the conversation he had with Suzanne, she doesn't agree with everything CPS does. So what is CPS doing she doesn't agree with? Could it be this false sex abuse accusation that was recently brought up?
Oct. 6, 2006 Suzanne called me today and wanted some statistics on our daughter and Doug; height, weight, eye and hair color and any physical ailments. She asked about the psychology evaluation and said she was going to call next week about the next home study appointment.
Oct. 9, 2006 Suzanne said she was going to call to schedule an appointment for the next home study. No word from her all week.
I'm not sure of this date but after sending the letter to the Ombudsman office I was expecting to hear from them. It didn't happen so I called their office and left a message for Charlotte. She did call back and informed me she did receive the letter. She told me they would send me a correspondence in regards to that letter, whether they would investigate or not. I never heard back from them in that regard.
Oct. 16, 2006 I called Suzanne and let her know about the psychological evaluation was almost done and she should get it any day. I asked her about us not getting a call to schedule the next home study which she said she would do last week. She scheduled us an appointment for 8:30, Oct. 20, 2006
Oct. 19, 2006 Suzanne called and said she was working on our report and was doing so good she didn’t want to stop until she was caught up on what we discussed. She cancelled our visit for tomorrow morning. I asked her how we are doing? She said she didn’t want to get our hopes up and she may deny us because the girls were removed from our home.
Oct. 20, 2006 I called Suzanne and let her know I just talked to Dr. Griffioen. I let her know she should receive the psychological evaluation report Monday by fax. Weird, today she said she is about to get started on our report yet yesterday she said she already started on it. I also let her know we won’t be home this afternoon so no need to call. Another appointment was made for Oct. 23, 2006 at 3:30.
Oct. 23, 2006 I called Suzanne today to see if she received the psychological evaluation report, she said she did and it is good. She postponed the meeting we were suppose to have today. She said she would give me a call in the morning.
Oct. 24, 2006 I was expecting a call from Suzanne today. She seems very unprofessional throughout this adoption assessment, by canceling the home studies with different excuses and not calling when she says she will.
Oct. 27, 2006 Suzanne called early this morning to let us know we are denied. I was still half asleep when she called so I called her back a little later. This is in part that what was said during my call back to Suzanne.
ME; "That sex abuse accusation, How long have you known about it?"
SUZANNE; (A couple seconds of pause) "I don't know."
ME; "I'm sure this is on your mind."
SUZANNE; "It really wasn't part of that because it wasn't substantiated."
ME; "It was still something that was brought up, so even unconsciously it has something to do with
it, anyway." "I'd like to know, when was you notified about this from DHS?"
SUZANNE; "I don't know if it was in the original report I read."
ME; "My feeling is if it was in the original report that's something you would have brought up
almost immediately." "I have a feeling this was brought up later by them."
SUZANNE; "Well if you want." (raises voice) "Just read the report it's in there."
Of course this wasn't in the original report Suzanne received from CPS. If it were this is definitely something she would have brought up during our initial meeting. CPS makes up false accusations to get what they want. Even so, Suzanne lied to me when she stated earlier she wasn't going to use this false accusation as there was no evidence.
Here are my comments about this false sex abuse accusation.
October 29, 2006 I received a copy of our adoption assessment along with a Denial Letter from Suzanne.
After reading this adoption assessment there was a statement in particular I was curious about. "Research indicates BPD (Borderline Personality Disorder) is caused from an invalidating home environment." I did some internet research then gave Dr. Griffioen a telephone call. I read the exact above quote that was in our adoption assessment. Dr. Griffioen said, "That statement is far fetching." This is when I told him I did some of my own research and what I found out is, Researchers aren't sure exactly what causes BPD, there are many possibilities including biological, heredity and environment . I was told that is a more accurate statement.
I bet you can't guess where that statement came from? That's right, it came from one of Nicole's co-workers and friends that works with her at CMH, She is also one of our granddaughters the rapists. She made that statement to blame us for Erica's condition. This statement was also used at Nicole's Foster Care Review Board hearing. As you can tell by reading the information in the link below, her statement wasn't accurate. This is just another example of the many that these people use to keep us from adopting!!!
What causes Borderline Personality Disorder?
November 2, 2006 I had a conversation with Charlotte from the Ombudsman Office. When talking to her I got the impression I should get many more document than I have received. Charlotte told me Bethany should have the whole file as they are doing the adoption.
November 4, 2006 I sent an email to DHS and Bethany requesting more documents because I never received a reply from anyone.
November 8, 2006 I sent THIS LETTER to Judge Thomas along with a packet of documents. The letter and documents were returned with this accompanying LETTER.
November 16, 2006 I sent another email to DHS, Bethany along with others requesting more documents. In particular I requested this so called "Parent Agency Agreement" this agency has been using against us. The following day I received and email from the director from BCS and was informed they don't provide documents that another agency produced. I received an email from Jim McCormick, director for Newaygo and Lake County DHS. I guess I'm not entitled to any other documents. Isn't this amazing? All this time CPS has been using this so called "Parent Agency Agreement" against us. They had been saying we weren't following this "Parent Agency Agreement" to remove our granddaughter unjustly from our home. We never seen this document, we never knew what was in this document, yet they use this document as a basis of taking our granddaughters from our home. Now I am informed I can't even get my hands on this document....
Nov. 17, 2006 We had the case conference with Bethany. This is basically an appeal to get them to change their minds about denying us. Barb and I both read a statement in regards to Suzanne's assessment and her discrepancies and unjust opinions. My sister also read a statement. I played the answering machine message Erica left us June 14, 2005.
Here is my statement I read about her adoption assessment.
Here is the statement Barb read.
Nov. 20, 2006 We had a consultation with attorney Shon Cook, she told us to contact her after the case conference decision was made with Bethany. Shon said she hopes they do the right thing.
Nov. 26, 2006 We received the decision from the case conference, it was a denial which wasn’t unexpected. Evidently even a Christian bases organization can’t bring themselves to do the right thing. Are they even a Christian based organization? I think they use that as a cover up to make themselves look good.
Here is the decision letter and the reasons.
Dec. 1, 2006 We had another meeting with Shon, she was given our file and all the reports we had. Shon said, "This is all they are denying you consent for?" She thought this was ridiculous.
Dec 12, 2006 We had another meetings with Shon, we filed the adoption petitions and a motion with the court.
Jan. 3, 2007 We went in front of the Honorable Judge Terrence Thomas. His ruling was; Bethany’s decision to deny us consent to adopt our granddaughter was arbitrary and capricious. I believe this hearing was what made CPS pressure Nicole into adopting. I also believe CPS made a deal with Nicole, if Nicole fights for the adoption to try and keep us from adopting they will help her with the legal fees. Those are just my opinions.
Jan. 4, 2007 I called Dr. Griffioen and let him know what happened in court yesterday. I asked him if he could treat the girls when we get them back. I told him I’m sure they will need more counseling after what CPS have done to these girls.
Jan 19, 2007 we received the decision from William Johnson, The Michigan Children's Institute (MCI). Here is William Johnson's Letter and report. Bill Johnson says I have a lack of insight. Read this page to find out who is really lacking insight.
Feb. 7, 2007 Alyssa and Amber had a post termination hearing this day. Lacy stated to the court this day,
"And it's been recent that the foster mother has wanted to adopt the children. The foster mother, or I'm sorry, and the children have indicated that they would like to stay with her."
Our attorney, Shon, 2 members from the Attorney General's office (AG) McGormley and Dickerson and the Honorable Judge Terrence Thomas had a conference in his chambers. The AG wasn’t very happy when they came out, they motioned for others to meet in the lobby and had a conference for about 15 minutes before returning to the courtroom. Could it be because our attorney motioned the court to revoke the commitment of The Michigan Children's Institute (MCI) and put the girls in the ward of the court? It is my understanding while the conference was happing Joel McGormley (AG) tried to intimidate Judge Thomas and tell him how to run his courtroom. Not a good idea?
We started our section 45 hearing this evening, 3 witnesses testified. Bill Johnson (MCI), Dr Steve Griffioen (psychologist) and Jackie Malsom (Arbor Circle-drug assessment). Before this hearing was over the bald headed McGormley (AG) had his head cradled in his hand just a shaking his head. I though it was funny. It was getting late so the hearing was adjourned. Judge Thomas is taking into consideration the motion to revoke the commitment of MCI. Judge Thomas asked for legal memorandums in regards to this motion and gave the attorneys 10 days. Here are the Legal Memorandums the attorneys provided.
March 5, 2007 Judge Thomas made his opinion on the issue of revoking the MCI commitment of our granddaughters. His order was to revoke the MCI commitment of our granddaughter and place them in our care. Here is the lower courts order. This ruling tells the reason why it is as it is. This same day Suzanne Adams (BCS) sent an expedited consent to adopt to Bill Johnson (MCI) and in this document it had fraudulent information.
March 12, 2007 Yes, we finally get to see Alyssa and Amber, this is the first time since July 1, 2005. As soon as the door opened to the visitation room Alyssa saw us and tears started flowing from her eyes. It looks like dear 'ol Suzanne from BCS didn't know what she was talking about. Alyssa gave us each a GREAT big hug and kiss. Yes she missed us dearly. Amber on the other hand took about a half hour to get to know us and realize who we were. After that period all of us had a great time. At the end of this visit we met Alyssa and Amber's counselors from CMH. They discussed with us what is wrong with Alyssa and Amber, which we already knew from other reports. This meeting was in the presence of our granddaughters and lasted about 5 minutes. The children knew this day we were going to adopt them as this was also discussed.
March, 15 2007 The attorney general's office filed an objection to the courts order of March 5, 2007 as well as a motion for reconsideration of that court's order. Here are those filings. In this motion there were a couple exhibits that the Attorney Generals office used, two had fraudulent information and the other was for the most part completely fraudulent. Both of these documents were provided by Suzanne Adams from Bethany Christian Services, the adoption agency. Here are these documents and I will discuss why they are as I described. These document were provided to both the lower court and the COA to show that the adoption was being pursued by Nicole.
March 19, 2007 This was our second visit with Alyssa and Amber. We had another great visit. The girls were a little loud with laughter and Lacey came in and told them to be a little quiet and said, "You are out of control." Bull, they were just having fun. I guess these workers don't like it when children have fun, especially with relatives. At one point Alyssa showed some concern and said, “You won’t be seeing me ever again will you?” We don't know where that came from, Alyssa was assured we will be seeing her again in a couple days.
This same day William Johnson (MCI) consented to the adoption for Nicole Coppess. Now let me get this straight. The lower court terminated MCI's jurisdiction over these children so, how does he have the authority to consent to anything? It seems our COA lets this person get away with almost anything.
March 21, 2007 Judge Thomas made his opinion on the AG's request for reconsideration. Here is the opinion.
March 22, 2007 Today was our third visit with Alyssa and Amber, we thought we would have a little picnic. Earlier in the day we bought each of us a fruit drink, Banana and a Reese's Peanut Butter Cup. On the way to White Cloud we stopped off at Wendy’s for the main course, we picked us up each 5 Chicken Nuggets and bought 2 small orders of fries. We had a great time. Alyssa ate her Chicken Nuggets, Banana and the Peanut Butter Cup and drank her juice. Amber was eating her nuggets but kept dropping them on the floor and had to throw them away. She probably ate 3 all together along with a Peanut Butter Cup and the Banana, she drank almost 2 of the juices. The French Fries didn't get touched so I threw them in the trash.
Amber asked us if we could bring her some Chocolate Milk and a Chocolate Pop Tart for the next visit. Lacey came in while our granddaughters were using the restroom. During this conversation Lacey gave us 2 visits for next week. Barb asked Lacey about the girls medications, what, when and how much and asked Lacy about Ambers asthma. Lacy told Barb we would have a meeting with the girls therapists about these concerns. Lacy informed us Char Anderson would be handling the next visitations as she is going on vacation.
March 27, 2007 Before this visit started Char Anderson (CPS Supervisor) complained because she thought we brought to much food the last time. She made a comment because Amber drank 2 juices. I guess when your stuck in a warm room, not much bigger than a bathroom for 2 hours, you aren't suppose to get thirsty? She asked why we were bringing food and wanted to see what we brought this time. Chocolate Milk, a Chocolate Pop Tart and a Banana for each girl. Barb also made some Peanut Butter Cookies for Nicole and we picked her up a thank you card and we added a note from us. Char said the girls can have the Chocolate Milk and the Pop Tart and that's it. The visit was great. At the end of the visit Char walked in and saw Amber was sitting on my lap facing me. She had to make a condescending comment about that. “Young ladies don’t sit like that.” I guess Char must have a dirty mind or something. When Amber was younger she used to sit on Erica's lap and do a back flip. That was all Amber was trying to do but she didn't do the flip.
We had a talk with Char and Heather (Amber's Therapist) before leaving, Char gave us a visit date for next week, Tuesday at 10:30-12:30, after that visit we are suppose to have a meeting with the girls therapists about their mental health conditions and what medications they are taking. We still get to visit the girls again this Thursday. Amber didn’t want us to leave and she was holding onto my shirt so I couldn’t. She started crying and throwing a fit because we had to leave. They both were laughing and waiving to us out the window as we were going to our vehicle
March 29, 2007 This visit was a little unusual at least with Amber, For some reason Amber was tired through out this visitation. She would visit a little bit then she would want to lay down. This happened during this entire visit. Myself I think they over medicated Amber by the way she was acting. I don't think they liked the emotions she showed towards us when we were leaving the last visit. It was a great visit with Alyssa though.
April 3, 2007 This was a great visit with both Alyssa and Amber. After this visit we had a meeting with Alyssa and Amber's therapists and Char Anderson. We went over most of the girls need and medications. During this visit I made a comment about the girls not having any emotional or mental problems when they were with us. I brought up the session Alyssa had with Sandy Terwillegar and that after that session we were told, "There isn't anything wrong with Alyssa, she is a happy normal 5 year old." Char said, "That's not what I read." I tried talking about is some more when Char said, "We don't need to talk about that, that is in the past." It made me wonder exactly what did Sandy put in her report that was different from what we were told. I guess CPS workers don't want to talk about the emotional problems they cause children.
April 4, 2007 Today we had a court hearing that was in regards to a Foster Care Review Board hearing Nicole had and their recommendations. Judge Terrence Thomas didn't seem very happy with DHS during this hearing. He order the girls placed in our care and gave DHS 2 weeks to get that transition completed. He also stated that if this order isn't followed we can file contempt and he will use jail as a sanction. After this hearing was over, Shon and Char had a conversation about this transition. It was suggested by Char that we wait to complete this transition because Alyssa was in school and she didn't want Alyssa to have to change schools. What a lame excuse, if Char had read reports she would know Alyssa is going to school in the same district as we live. This was part of the reason Judge Thomas wasn't very happy with DHS because of their stall tactics. We were suppose to get a call from Char today about the visitation for tomorrow, of course she never called. Here is the court's opinion from this hearing.
April 5, 2007 We received a call from Char around 9:30a, we were informed our visit is to start at 10:00a. Isn't it nice to get a little advance notice. When we arrived at DHS we had a short wait, it looked like Char was waiting for someone else to arrive. While we were waiting another person came in the building and sat next to Barb. They started talking, it was a lady from Catholic Social Services. We had a short meeting with Char (CPS) and Sherri (CSS) before we left with our granddaughters.
This as the first day since June 25, 2005 that we were allowed to be alone with our granddaughters. We took the girls to Wal-Mart and did a little shopping and bought each girls a car seat. Next we went to McDonalds to eat, they had a blast playing there. While driving from Fremont to Newaygo all Alyssa and Amber talked about was coming back home to live. They wanted to come home this day but the time was getting short. When we arrived in Newaygo we only had 45 minutes before Alyssa and Amber had to be back at DHS. We went to St. Bartholomew's and show the girls around the church. They had fun there and didn't want to leave. On the way back to White Cloud from Newaygo the girls were talking about the next visit and being able to come home with us, they were excited.
April 9, 2007 Today was the first of 3 sleepovers before the girls are permanently transitioned to our care. There are so may things I could talk about and the great times we had together. If I did that you would be reading for a long time so I will just talk about the more important things and the reasons I am writing this.
When we picked up our granddaughter this evening at Gene's Market. Amber didn't want to come which was quite a turn around from the previous Thursday's visit. Amber was throwing a fit and crying. When she was in our vehicle and on the way home she was still crying a little bit when Alyssa told her, "Be quiet nothing bad is going to happen to you." Amber quit crying. When we arrived home we had the girls take off their shoe and coats then showed them their rooms. Amber saw the fax machine in her room and walked over to it and said, "Mommy told me if anything naughty happens here I'm suppose to call 991." After the comment Alyssa made to Amber in the vehicle and what Amber just said I came to realize what I believe was happening. Did Nicole try to make Amber afraid of us? If so, it didn't work for long.
Nicole sent these children for this overnight with nothing but the clothes on their backs. She didn't provide any of their pajama's, toothbrushes or even one of their favorite toys.
After we ate dinner Amber started complaining because her arm hurt. It was covered with a band-aid and when I took it off I discovered she has ringworm. Alyssa had some math homework which I helped her with.
When we were getting the girls ready for bed, as I stated no sleepwear was provided so grandma was going to have Alyssa put on a long t-shirt. Alyssa wouldn't change and said, I can't I will get in trouble." Grandma asked Alyssa, "What kind of trouble?" Alyssa didn't reply so it was left at that.
Alyssa gave us each a big hug and kiss then she was tucked into bed. She slept for the most part through the night. She went to bed at 8:00p and didn't wake up until 5:30a. After Amber gave us each a big hug and kiss and while she was being tucked into bed she asked grandma, "Can I sleep with you?" Grandma told her, "NO, you have your own bed and bedroom. Amber replied, "Mom tells me I have monsters in my room and I sleep with her." We reassured her there are no monster in her room and we don't believe in monsters. Amber was having a hard time falling to sleep so grandma laid down with her. After about a half an hour grandma came walking into our bedroom with tears in her eyes. She told me what had just happened, Barb wasn’t sure if she feel asleep or half a sleep but she told me that Jesus appeared with both Alyssa and Amber in his arms and handed them to Barb and said, “Love them and take good care of them.” About 5:30a I was awakened when grandma said, "I can't sleep like this." Amber climbed in our bed and laid by grandma which woke her up. Alyssa had just woken up and laid on the sofa so Amber laid at the other end while grandma made breakfast. Our granddaughters were returned to Nicole at 7:00a
April 10, 2007 Sherri and Patti from Catholic Social Services stopped over this afternoon. As stated earlier they are doing the transition of the girls into our care. We signed a few papers and had a really nice discussion. They were told about everything that happened the night before and our concerns. They showed some of their own concerns about some of the things they were told. One thing in particular Sherri thought wasn't right was Nicole's co-workers and friends were doing the therapy sessions with our granddaughters.
April 11, 2007 We went to Wal-Mart and picked up Alyssa and Amber a few things. It was apparent Nicole isn't going to send what the girls need while spending the overnights. We got them each a pair of pajama's, some underwear, sox, a couple tops, a couple pairs of pants, toothpaste and we also got them each a toothbrush. We picked our granddaughters up at Gene's this evening at 5:45 without incident. They were happy to be coming with us.
Nicole didn't send anything again but the clothes on their back, as expected. We were well prepared this evening. We asked Alyssa why Nicole wasn't sending anything with them. Alyssa's reply, "Nicole is afraid you will keep them."
I was updating the computer when Amber walked into the room and said, "Dad, I mean grandpa." I replied, "You can call me whatever you feel comfortable with." She gave me a great big smile. (Amber had always called me dad as I was the only real father figure in her young life. Amber and Alyssa used to get into an argument over just that. Amber would call me dad and Alyssa would say, "No, he's grandpa." Amber didn't like that and she would still called me dad.)
Amber started complaining again about her ringworm so we went to Rite-Aid and purchased her a tube of Clotrimazole anti-fungal cream.
Alyssa slept through the night and didn't wake up until grandma woke her up.. Amber went to sleep without incident. I was checking my emails around 5:00a when Amber came into our room and asked if she could sleep with grandma. I told her no, I held her for a few minutes until she went back to sleep. I put her back in her bed and she slept until we woke her up.
April 12, 2007 We dropped Alyssa and Amber back off to Nicole at 7:00a. I asked Nicole if we could talk. During this conversation I inquired if she got the cookies, card and note that was left for her at DHS. She said she did. I asked her if she has our telephone number as it was on the note. She replied, " I won't be calling you,"
April 13, 2007 Barb had an appointment in Muskegon this day. On the way there Lacey called and we had a conversation. The main points in this conversation were:
Nicole not providing any clothing and such when she drops the girls off. All Lacey had to say about that was, "When you get the girls you will have to provide the girls those kinds of thing. I told Lacy," I know what my obligations to the children are, Nicole has all the children's things and we are waiting to see what is given to us when we get the girls back, then we will get what else they need." Lacey asked me if we let the children sleep with us. I told her, "No, that is unacceptable they have their own beds and room." I mention that grandma had laid with Amber to help her get to sleep during the first overnight visit. Lacy then started talking about our granddaughters therapy. Evidently Sherri had a talk with Lacy and let her know she didn't think it was right for these girls to be seeing Nicole's co-workers and friends.. Lacey expressed her opposition in which I told her a decision hadn't been made yet. The next topic was the way Nicole had been acting, Of course Lacey stood up for Nicole and told me this is a very emotional time for her. I told Lacey we lost our daughter and grandchildren June 2005 and if we acted the way Nicole has been you would think there is something wrong with us. She didn't say anything about that.
On the way back from Muskegon we received a call from Shon, this is when we learned the AG filed the emergency appeal.
We picked the girls up in Gene's parking lot again this evening at 5:45p, we get the girls for the whole weekend, we don't have to return them until Monday morning at 7:00a. The girls were dropped of again with no clothing or personal affects. We did get the medications they would need for this weekend visit, which was dosed up in a container with individual compartments. We were provided with Alyssa and Amber's schedule.
When we got home we saw Amber's left eye was all red. We asked her how that happened and she told us, "Mommy gave me my own makeup and I got some in my eye". Now why on earth does a 4 year old need her own makeup? Here are pictures. Grandma made a comment to Amber as to how she liked the pants she was wearing. Alyssa said, "Those aren't Amber's pants. Mommy made Amber wear pants that are to tight and they were hurting her. The daycare gave those pants to Amber to wear."
Amber stated a couple time, "Mommy told me you are lying." I asked her, "What are we lying about?" Amber replied, "Mommy told me you are lying about letting us see her." I told Amber, "We are willing to let Nicole see you and if she is telling you that then, she isn't being honest with you."
Grandma and Amber was talking in Amber's room. After the conversation I had with Lacey earlier in the day I joined in on the conversation. I asked Amber, "Does Nicole's boyfriend spend the night with Nicole?" Amber replied, "Yes." I asked Amber, "Does Nicole's boyfriend sleep with Nicole?" Amber replied. "Yes." My final question for Amber was. "Do you sleep with Nicole and her boyfriend?" Amber replied, "I already told you YES, but I don't do it anymore." I was shocked, here Lacey asked me if Amber sleeps with us, and all along it seems Amber had slept with Nicole and evidently at times with Nicole and her boyfriend.
(Is it surprising that April 9 Amber tell us she sleeps with Nicole because she's told there are monsters in her bedroom and April 13 she doesn't sleep with her anymore?)
Grandma gave each of the girls a sheet of stickers and they put them all over their bedrooms. The girls were given a snack before they went to bed. Amber has adjusted to sleeping at home again, they both slept through the night.
Here are the motion's and briefs supplied to the COA. The AG filed an expedited appeal based on the courts ruling from March 15, 2007 along with Nicole's attorney.
April 14, 2007 After breakfast our granddaughter asked if we had any of their toys and such. We still have all of their toys and such in the pole barn so I took the girls out there so they could go through them. While out there we played some basketball and the girls looked through their toys. They brought in a bunch of their stuffed animals, they were a bit dirty so grandma washed them. We went for a walk to the river. They have always enjoyed their walks down by the river. Our granddaughters were entertained with many activities including doing some art projects, watching some of their favorite movies and playing Alyssa's, Mary Kate and Ashley Olson video game. During the late afternoon Amber was in the bathroom when she called out, "Mom can you help me?" Alyssa said, "Amber just called you mom." Grandma told Alyssa, "That's OK, you can call me mom to if you'd like." Alyssa gave grandma the biggest smile ever. Alyssa and Amber were given a bath and was ready for bed. While eating their bedtime snack they watch Strawberry Shortcake. The children again slept through the night.
April 15, 2007 Again this day the children were kept busy with the many different activities. Grandma needed a few things from the store, Amber and I went to Gene's to get what grandma needed. During the afternoon the girls started talking about how excited they were to being coming home permanently. They know we are going to adopt them as this was discussed in their presence by the CPS workers and the children's therapists. There wasn't anything unusual that happened this day. Alyssa and Amber have adjusted quite nicely to their new environment. Why wouldn't they? They are with grandma and grandpa, people they know and love.
April 16, 2007 We had a meeting with Sherri (CSS) today. We discussed everything the children had told us and what transpired during our weekend visitation. We talked a bit about the children's therapists and Sherri still believes we should send the children some place else to get their counseling. She had received a transition plan for CPS and had some concerns which she asked me about several times. "Alyssa spends 2 hour each week night on homework." Alyssa was only in 1st grade, Sherri thought spending 2 hours a night was a bit much and we agreed with her. With that said, it is also mathematically impossible for her to spend 2 hours each night if Nicole picks the children up at 5:30 from day care then drives home to Muskegon from Grant and the children are in bed at 7:30. I guess Char (CPS) stretched the truth a bit?
April 17, 2007 Today Alyssa and Amber are suppose to be placed into our permanent care and custody. I haven't received a call from Lacy (CPS) as to when or where this transition is going to happen. So I called her and left a message at DHS. I didn't receive a call back so I called her on her cell phone, she wasn't happy I called her cell. I guess that's to bad, if she didn't want me to have her cell number she shouldn't have called me with it on April 13, 2007. She told me when the transition was going to happen today. Same place and time we had picked up Alyssa and Amber for the over night visits.
Around 4:00p today we received a phone call from our attorney, we won't be getting our babies. This was less than 2 hours before these young ladies knew they were to come back home permanently.
It was about 5:00p we headed to town to get a few things from Gene's Market. After shopping I was getting low on gas so I pulled into Wesco and started pumping gas. While getting the gas this was when I saw Nicole, Alyssa and Amber were in the gas station getting some things. I went in and while paying for the gas I looked at Alyssa and Amber and they looked at me. They had in sorts the same expressions on their poor faces as they did from the picture I received from our daughter on June 28, 2006. I left the store and stood next to our vehicle and started talking to grandma. When Nicole and the girls were leaving the store, Nicole had both girls place one of their hands in her right hand so they couldn't come over and see us. Once they were almost to our vehicle Alyssa got loose and started to come toward us. Nicole grabbed her and told her to get to their vehicle. While Nicole was dragging both girls with her they were looking toward us. You could see the pain in their eyes and on their faces by not being able to come back home with us. Wouldn't you be to if this day was you were suppose to be going home with your family just to find out it isn't going to happen?
Nicole and her co-worker friends say these children regressed after we came back into their lives. Of course they did, they were:
Really
Eager to
Get
Rid of and
Escape from the
Social
Service
Evil
Doers
and come back home with grandma and grandpa.
This is the decision from the Court of Appeals. Did the COA even read the file or did they just rubber stamp DHS' position. It is believed this is exactly what happened from the many I talk to. Even Judge Thomas made reference to them not reading the file in the July 25, 2007 hearing.
Wasn't it bad enough these beautiful innocent young ladies were emotionally abused at the hand of theses CPS workers back in July 2005? Now they are being further emotionally traumatized and abused at the hands Bill Johnson and his attorneys from the attorney generals office along with our Court Of Appeals . There are others and they know exactly who they are.
May 7, 2007 We motioned the Court of Appeals for a reconsideration. Here are the briefs supplied by the attorneys.
May 14, 2007 Shon had a hearing at the Newaygo County Courthouse for another client. We met her there. We got a copy of the neglect file along with any other document we didn't already have. This would include the adoption progress reports and the "Parent Agency Agreement" that was being used against us.
May 23, 2007 This was the continuation of our section 45 hearing from February 7, 2007. I was the only one to testify this day. The hearing started around 2:30p I wasn't called to the stand until 2:56p and was excused at 4:34p. The attorneys talked a bit about continuing but Scott Sherlund, Nicole's attorney had other obligations so the hearing was recessed until tomorrow.
May 24, 2007 The continuation from yesterday on our section 45 hearing. Suzanne Adams (Bethany Christian Services) was the first to testify. She was so nervous and stated so several times. Suzanne didn't seem to know the answers to most of our attorneys questions. She wasn't very honest during a good portion of her testimony today. I'm not sure if it was on purpose or she just has a memory problem, Alzheimer's maybe?
Next to testify was Lacy Gonzales-Borstler for the most part I would say she was trying to be honest. Although she did say the first time we had contact was Jan 3, 2006 and that was about visitations. The fact of the matter is Lacey was called as early as August 2005 about visitations
Next to testify was Dan Morgan. He wasn't on the witness stand very long.. I don't have anything to say about his testimony. I do have a few things to say about him and I'll wait just a bit longer.
Next to testify was Brian Vanderzalm. He committed perjury during a good portion of his testimony. Last time I knew telling lies under oath on a witness stand was against the law. You will never see any CPS worker charged for this crime though. Here are my comments about those that testified.
Next to testify was Barb. She was about as nervous as Suzanne Adams was, actually she looked scared. A lot of the question she was asked she really didn't know the answers. When the children were placed in our care Barb asked me to handle the meetings with CPS so I did most of the talking. I made all the phone calls and such that pertained to this case.
Judge Thomas told the attorney's they could send him written closing arguments and proposed finding of facts and laws. Here are what the attorney's provided.
When having a section 45 hearing what the petitioners (that would be us) has to show is whether Bill Johnson made his decision arbitrarily and capriciously. He has to make his decision based on accurate information. During this whole case there has been so much inaccurate and fraudulent information provided by the CPS/foster workers. When Johnson makes a decision he should have all the accurate facts and he should talk to all those involved. There is one undisputable fact. Before Johnson came to his decision not one time did he have any contacts with us. How can a person argue his decision was not arbitrary and capricious when he didn't even take the time to talk to the petitioners (us) before making this decision?
June 5, 2007 Our reconsideration was denied. Here is the COA decision. Our lazy Court of Appeals didn't even take the time to give a reason why they came to this decision.
June 21, 2007 Judge Thomas made his opinion in regards to our section 45 hearing. Here is that decision. Judge Thomas ruled that Bill Johnson did indeed make his decision arbitrarily and capriciously.
July 17, 2007 We filed an Application for leave to appeal with our Supreme Court. Here are the briefs the attorney provided. Our appeal was in regards to a law our legislators passed. It is the same law we argued during the AG's COA appeal.
July 25, 2007 There was a motion hearing in front Judge Thomas. Here are the motions presented to the court. From what I take of this motion hearing, there was a clerical error in Judge Thomas' decision to revoke the commitment of MCI. Evidently the wrong subsection of a statue was used.
Here is a quote from Scott Sherlund, Nicole's attorney, during this hearing. He was arguing against us seeing our granddaughters.
"My client--my client experienced an extremely disruptive situation the last time these children were introduced out of her environment to the grandparents. The children have only just, in July now, finally calmed down if you will, if that's the correct term."
It took 3 months to get the children calmed down because they wanted to come back home with grandma and grandpa. And Bill Johnson (MCI) thinks I have a lack of insight?
Here is a quote from Judge Thomas during this same hearing.
"The only time it becomes and issue is when they're trying to get them out of the Department, the Department doesn't have any problem grabbing these children. It's not disruptive to terminate and upset any long range plans on a moment's notice or take them from their children, and introduce them to strangers, that doesn't bother the Department, it's not a problem, but how come it is the other way?"
I'm sure that should have been, "Take them from their parents and introduce them to strangers." Typo?
August 2 and 3, 2007 We had court hearings which addressed several different issues.
1. Grandparents Visitations.
2. Our consent to adopt.
3. Nicole's consent to adopt.
4. The best interest hearing for the children.
August 2, 2007 Towards the beginning of this grandparents visitation hearing it was my understanding Judge Thomas wanted our granddaughters at the courthouse so he could interview them.
When our hearing was finished Judge Thomas wanted to interview the children but they weren't even at the courthouse. There were several reason why the children couldn't be produced yet today so, they will be interviewed first thing in the morning. I concur with others I talk to as to their opinion as to why the children weren't at the courthouse this day. The opinion from others were the foster wanted time to talk to the children before Judge Thomas had a chance to. They told me these children will be threatened and such to keep them from talking to Judge Thomas.
August 3, 2007 Our attorney, grandma and myself waited in the courtroom for a period of time when Nicole's attorney came in and let our attorney know the children are here. The children didn't go through the courtroom and our attorney asked about that. Nicole's attorney stated he didn't think it would be appropriate for us to see the children. Isn't this amazing, through this whole process all they have been doing is keeping our granddaughters from seeing us. Our attorney had been gone for about 20 minutes this is when we heard Amber in the hall state, "I want to see grandma and grandpa". Of course that didn't happen. We waited in the courtroom for about a half hour listening to the attorneys argue in the judges chambers. They were quite loud at times for us to be able to hear them in the courtroom. When our attorney (Shon) finally came back to talk to us this is when she informed us our granddaughter wouldn't talk to Judge Thomas. I guess the people I talk to were correct when they told me there is no chance the children will talk to Judge Thomas?
Here is the opinion of the court along with many of my comments about this hearing.
You will want to read what is on this particular page. I will be discussing the unwarranted case of stalking Nicole and her attorney tried to pursue amongst other things. Maybe this is one of the reason Judge Thomas thinks Nicole should have a psychological evaluation? Paranoia?
August 8, 2007 The Attorney Generals office appealed the lower courts order to de commit MCI.
August 9, 2007 Nicole's appeal attorney in Lansing filed an emergency appeal in regards to our grandparents visitations. Of course the COA granted their appeal without us getting a word in edge wise. This has basically happened throughout this case. We get no notice of our FCRB hearing. We get no notice of Nicole's FCRB hearing. We have very little time to respond the the AG's appeal at the COA. We get no input at the COA during this last appeal for grandparent visitations. How can someone that has concerns as to being able to financially care for these 2 girls in December 2006, have the money for an attorney from Grand Rapids and an appeals attorney from Lansing?
August 29, 2007 Our attorney sent THIS BRIEF to the Court of Appeals in reply to Nicole's appeal against grandparent visitations. It was returned as untimely without being read as the COA had already granted Nicole's appeal and the court put a stay on all lower court proceedings.
September 8, 2007 The COA consolidated all appeals before the court.
September 10, 2007 The supreme court denied our application for leave to appeal. Here is the Supreme Courts decision. Imagine that the Supreme Court has to be persuaded to hear our case.
Here is a quote from a very intelligent lady about our Supreme Court when they deal with issues involving children and adoption cases.
"What we find very interesting at least in MI is if the trial court terminates and the parent does not prevail on appeal then takes it to the Supreme Court, the Supreme Court always refuses to hear the case. The Michigan Supreme Court appeals are by leave of the court not by right. In other words you don't have a right to be heard by the Supremes. However to file you have the right and the duty to pay their $300 blood money just to make application for leave to appeal. They will turn it down every time and you will get no clue as to why. Just a flat turn down. However if the COA over turns the Court for terminating parental right you can bet your boots if the State asks for an appeal by the Supremes they not only will hear it they will over turn the COA. It is almost always a foregone conclusion. I will leave it up to you as to your opinion on this."
-Nancy Luckhurst
November 2, 2007 Our attorney motioned the COA to set aside the stay for grandparent visitations. Here is our motion and the answer from Nicole's attorney.
November 19, 2007 The Court of Appeals denied our motion.
January 15, 2008 We had our hearing in front of the Court of Appeals. Oral argue were presented by both sides.
February 5, 2008 The Court of Appeals rendered their opinion. HERE IT IS. Did our COA have a predetermined opinion from the get go of this case? It certainly has seemed like it with their granting emergency appeals and such.
February 26, 2008 We filed a reconsideration with the COA. HERE IS OUR RECONSIDERATION REQUEST.
Of course our reconsideration was denied by the Court of Appeals.
We file an appeal with the Supreme Court on May 1, 2008. Here is our Supreme Brief.
Here is one particular case I'd like to bring attention to, COA DECISION. This case was then appealed to the Supreme Court. Supreme Court Decision. As you may notice in the Supreme Court decision it states,
"The Court of Appeals misapplied the clear error standard by substituting its judgment for that of the trial court."
Isn't this exactly what the COA is doing in our case, substituting it's judgment for that of the trial court? You bet...this is exactly what they are doing and have done during this whole case.
Lets take a peek at another case or two.
Schuette Dissented, WHY. "Although we have more latitude under the clearly erroneous standard than when we are reviewing a jury finding, we cannot substitute our judgment for that of the trial court."
This is an interesting case. You should read this case. The COA didn't use their judgment over that of the lower court. Although it has been appealed to the Supreme Court.
I have some questions, maybe you can answer them for me. HERE THEY ARE.
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Last Updated May 15, 2008