Friday, February 26, 2010

Court in February didn't go very well for the birthmother. To be honest, I was shocked. Cookie's lawyer stood up with a LIST of issues and was FINALLY trying to hold the mother accountable for them. The fact that she didn't have housing, didn't have a job, refused to go to housing that would've allowed her to start extended/unsupervised visits with Cookie, and lack of transportation were all covered. The mother still had no job, no housing (she claimed to be moving in the day after court) and no transportation... 11 months into the case.

With all of this, CPS said that they intended to reunite Cookie with her mother for a "monitored return" (where they put Cookie back with mom and watch them closely) at the March hearing. Every human being in the room except the birthmother was stunned. The birthmother was due to give birth to another child within a week or two and said that she couldn't work for 6 weeks beyond that... putting even the POSSIBILITY of a job well past the next hearing.

So in four weeks, mom had to have housing and stay clean... oh, and have another baby and adjust to that... then take custody of Cookie again.

When they discussed her inability to provide transportation, the judge asked her if she had a license. She said "Not in this state". The new advocate noted that she didn't have a license in my state, either. Well, the mother's lawyer got nasty and said "Well she's HERE, not there". But the point was that the mother alluded to having a valid license elsewhere that she simply had to transfer over--and that was NOT the case. When asked how she would take Cookie to various appointments, she said that she had friends that would drive her and public transportation (which is close to non-existent there).

Finally, Cookie's lawyer said "Your honor, I know we can't take children from parents because the parents are poor, but..." Remarkably, the mother blamed the "attack" on the new advocate--who barely said a word, but called her out on the license.

Then the subject of how my family stood in the case came up. Apparently, we may not have the kind of standing we thought we did; but our lawyer is looking at what exactly was signed by the court. We have intervenor status, but there is question about whether we have an open case against the mother once CPS closes their case. Honestly, it doesn't change the fact that we can file a motion for a trial.

I know that the mother had the baby within the week after court. I also know that the housing she was supposed to enter STILL wasn't ready for her as she was in the hospital awaiting discharge. It's been a week and nobody has yet been able to confirm where she and the new baby are living.

Oddly, nobody asked for an extension of the case in February. But it was noted that if they reunited Cookie with mom in March--it would automatically extend the case.

Our lawyer spoke to mom's lawyer about negotiating with us. I know that her lawyer approached her about allowing us visits during some holidays and taking Cookie for summers. I'm pretty sure that all fell on deaf ears.

I've already booked the trip for March. It's the one hearing I know they're having.

Cookie is really doing well. And she looks wonderful. She continues to have therapy; but she's an incredibly sickly child. She's certainly a handful. And given her reaction to our youngest daughter (who was 15mo when Cookie visited) I can't imagine this mother being able to manage a newborn with Cookie.

That's all I can really say at the moment.

Thursday, February 11, 2010

Of COURSE

Of COURSE Cookie's mom is moving into housing tomorrow... the last business day before what would be the last court hearing. Still no job or transportation, but the housing she wanted.

I honestly have to wonder if anyone will mention that she could've been having unsupervised visits for the last 2 months if she would've agreed to go to a different housing situation that would allow her children rather than hold out for one with fewer restrictions. The one she could've had 2 months ago would've meant not seeing her boyfriend (not the father of the soon-to-be-born baby) for the first 30 days and not speaking to him more than 5 mins/day. That wasn't really worth moving forward with seeing her daughter more. With this housing, she can see him whenever she wants and has nobody to answer to.

Of course, the judge seemed very firm that he wanted unsupervised visitation to start before this hearing. I wonder if everyone's going to agree to extend the case. Because, ya know, mom needs more time and is "making progress". Ugh...

Mike and I are looking at selling the car to finance a trial. We'll wait until after the hearing to see if they're going to extend the case (and therefore push out a potential trial date) or not.

I leave on Monday for court on Tuesday and then return on Wednesday.

We'd appreciate being put on any prayer chains you can put us on in the hopes that Cookie's case will not be extended and she will have permanency and stability with the next hearing.

;;