Full Faith and Credit

So on Friday, Judge Jackson finally did what should have been done nine years ago.

Jurisdiction of the Sonya McCaul case is NOW in Nebraska.   Under the Uniform Child Custody Jurisdiction and Enforcement Act (or UCCJEA) the case has now moved to where it should have been all along.   John McCaul had full custody of his daughter when she was taken across state lines by her babysitter, Jennifer Gunn – armed with that custody order, Sonya has now gotten away from Tennessee.   Now the Hodgins will once more have to be given standing in this case, which as much as I can tell is not likely to happen.

Judge Jackson also managed to call the Hodgins out on all of their lies on this case.   That they knew that Sonya was not an adoptable child and that reunification had ALWAYS been the goal.

Meanwhile, let’s add to a list that is growing.

According to the Hodgins the following people are lying:
1.  Judge Jackson
2. John McCaul
3.  Phyllis McCaul
4.  DCS
5.  Anyone from Sonya is Home

Who is not lying?   The Hodgins.

The chances of that are so minimal in probability that it’s not worth mentioning.

Why wasn’t UCCJEA enforced in the first place?   That is the question.   According to the UCCJEA wikipedia page – http://en.wikipedia.org/wiki/Uniform_Child_Custody_Jurisdiction_And_Enforcement_Act (I know Wikipedia is not necessarily a valid source but used as a starting point it does work very very well) from what i can interpret the case should’ve been bounced back to Nebraska in the first place as it was where BOTH of Sonya’s parents resided.    

Those from the Hodgins camp will probably point to the Emergency Orders statute.

UCCJEA Emergency ]

So yes, Tennessee could have put in a TEMPORARY emergency order.    Only to last until they found out that there was a valid custody order in Nebraska.   The rumors abound that CPS actually DID know about the valid custody order in Nebraska – so why weren’t the courts informed?   Why wasn’t UCCJEA enforced in the first place.     Judge Jackson finally admitted he had no standing in this case and sent it back to Nebraska on his last day on the bench.

There was of course a predictable response.

JacksonJurisdiction

(Incidentally bragging that you got a judge thrown off the bench?   Before the ruling?  NOT terribly smart, but in this case, Jackson ruled against the law.   Making these people angry was a great side benefit I’m sure)

Constitutionally, this was the only ruling possible as there had been a custody order awarding Sonya to John when she was a toddler.      The Full Faith and credit clause of the constitution clearly states that all states must respect and follow the “public acts, records, and judicial proceedings of every other state.”  This is not a hard concept to follow except as is evident for the Tennessee State Court system.    DCS has admitted that they knew there was a custody order but they never looked into it.

So this mess starts with Tennessee DCS and ends with the Hodgins.    Both are at fault for the upheaval of this child’s life.   But only the Hodgins are at fault for the multiple violations of her privacy which have not been addressed by Tennessee other than a gentle reminder from their Facebook site.

 Full faith and credit is NOT a technicality.   Neither is due process.  But both will be regarded as technicalities by the crowd from Bring Sonya Home.

Ironic?   A year ago, they were all about full faith and credit.    They said that a four year old child should be returned to the adoptive parents that she didn’t remember because, oh yeah, South Carolina said that an adoption should be finalized.   Without a best interest hearing, because according to an attorney, if the child was removed illegally best interest did not apply.  

Here again, a child has been removed illegally, a best interest hearing does not apply?

“But what are they so afraid of?”

Nothing, but in a dependency case they discuss her best interest at every hearing.    Her GAL and attorney both speak for SONYA and are allowed time alone to speak with her.    They say that she is doing well, in fact, she has even gotten straight A’s in school since moving back to Nebraska!    She wants to stay with her FATHER and her grandmother, so why does anyone want to take that away?

Hopefully a gag can be put on the former foster parents very soon.   Hopefully also the nation has learned and manage to gag Jessica Munday and Trio this time.     Though why Trio has gotten involved in this case is still a mystery.

 

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Hypocrisy as Tall as the Sky

Or subtitled the woman who wants to make her image from diagnosing children that she has never met.

Enter Dr. Bonnie Cleaveland, BS in Psychology and PHd not in Psychology but in Philosophy.   Even scarier?   She’s a “specialist” in anxiety disorders.    This according to her linked in page – https://www.linkedin.com/pub/bonnie-cleaveland/a/520/b14

So how does a Charleston, SC become an advocate for children?   She produces a blog called “Tall as The Sky” dedicated only to dissing both the Veronica case and the Sonya case for their handling of transitions.   In both cases, she ignores the fact that the so called adoptive parents did not follow a plan.

Let’s start by this – the Sonya case.  

The transition plan by DCS has already been WELL ESTABLISHED, the only people who frankly deny that there was a transition are the Hodgins – every other person in this case from DCS to Judge Jackson to the McCauls have agreed that there was a plan for Sonya’s gradual reunification with her family – in fact Judge Jackson reminded them in open court this week that there she was NEVER AVAILABLE FOR ADOPTION.   In fact, the restraining order is dated August 31, 2012, the one where the Hodgins restrained DCS from removing Sonya because they were NOT FOLLOWING the transition plan.    

So what is the judge supposed to do when this is occurring?   Just let them keep flaunting the law and then claim “but we’re the only family she knows” or just have to make the difficult and traumatic decision to say that enough is ENOUGH. 

Yes, obviously transition is best but if one set of parents are not cooperating with it, then what is supposed to happen?    

On Veronica – 

There was REALLY no excuse for this transition on the part of the Capobiancos – they knew that this was coming, they had known of the possibility for quite a bit of time that Veronica was to go to her father.

So the question is what did they do about it?   IF they truly cared about the child, even if they thought they would keep her, they were claiming an “open adoption” so why didn’t they invite Dusten Brown to visit his daughter and to get to know her?   No, there was no court order, but as a so called Developmental Specialist she SHOULD HAVE KNOWN BETTER.

Why is there no blame on these so called adoptive parents?   And why is there never considered trauma for removing a child from her biological family?

So here’s a rundown on child trauma according to Bonnie Cleaveland as proven by her insertion into two cases and her letters for both Sonya and Veronica.

At birth it is not too traumatic to remove a child from her family (Veronica removed from her mother)

However at four months it is (Veronica removed from Capobiancos)

It does seem that one year old is the sweet spot where you can remove a child from a family without trauma (Sonya’s removal from HER father)

And at two years old it is (Veronica removed from Capobiancos) – and her picture should be spread all over the media to prove it.

Meanwhile at four years old removing a child from the only family she remembers is not traumatic at all, in fact it is encouraged and to be celebrated (Veronica from her father Dusten Brown)

At nine and a half, it is so traumatic that it is like a death in the family, it should be publicized, her picture should be put everywhere and her private foster care records should be placed on TV.   OH and NATIONAL fundraisers with her picture all over them are fine and to be supported.   Meanwhile a small local fundraiser to help a ten year old’s father pay for legal fees is met with this comment.   

(All of this of course is without meeting the child at all)

BonnieCleaveland2

This does of course show what she doesn’t know.    Attorneys are EXPENSIVE – if this had just been a normal dependency case then it wouldn’t be an issue as DCS is cooperative to reunification.    This is NOT a normal dependency case however, this is a case where legal strangers are fighting a fit father for his child for no reason other than they think that they will be better parents.   

Other differences, no celebrities, no pictures of his daughter posted, just a small local pancake breakfast to help with the legal fees to keep his daughter where she belongs.

And no national publicity either – unlike the GoFundMe produced by the Hodgins or the fundraiser with the cast of Nashville and the Silent Auction.

It reminds me of a nasty facebook site entitled “KeepVeronicaHome” which is set up for keeping Veronica with the Capobiancos – and their yelling about ONE FUNDRAISER- as opposed to the DOZENS set up by the Capobiancos.   One fundraiser set up by a friend of Dusten Brown’s.

Does anyone see a pattern yet?   

These people sicken me.    So many that are supporting making children orphans in the name of Christ.   

So advocating for children or Hypocrisy as Tall as the Sky?

Child Exploitation, Fundraising, Nashville, Change of Venue and Hypocrisy

Tennessee Resource Parents Oath to Abide

Let’s start with this.    And the concept that for all the hullaballoo that John McCaul is a “convicted felon” – in order to “Bring Sonya Home” they themselves ARE committing a Class E felony.  

“Unauthorized disclosure of any records, studies or information protected as confidential is a Class A misdemeanor. Unauthorized disclosure of such records for personal gain or for a malicious purpose is a Class E felony.”

Personal gain:  The Bring Sonya Home fundraising.
Malicious Purposes:  To slander her biological father’s name throughout the media.

I am wondering why Tennessee DCS hasn’t charged David and Kim Hodgins with this crime.    The View, The Today Show, dragging in Troy Dunn into this – all of it is disclosing the records of a FOSTER CHILD who THEY promised they would protect!

Some “Nashville” Stars to Hold Benefit in Sonya Case

So let’s go from there to THIS…    David Hodgin works on the set of the TV show “Nashville” not one that I have ever watched – but some of the stars have decided to hold a benefit for the “David Hodgins Jr Legal Fund.”  

Note this is not a “Bring Sonya Home” legal fund but it is widely assumed that is what it is for.   We are going back to the original statement that the Hodgins are disclosing records for profit, thereby participating in child exploitation – or the use and utilization of her name and picture for profit.   Bring this up on the various pages however, and they will claim they are just “Telling her story”

ChildExploitation

So what picture got released?   What horrible thing got done?

What they are referring to is a meme posted by the facebook site, Bring Sonya Home Deleted Posts where a picture shows the hands of someone, perhaps a child, perhaps a small adult, holding up a sign that says “Sonya is Home Where She is Cherished and Thriving”.    There is no way to identify the person in the picture and no way to tell where it was taken.

In the meantime they are crying “Exploitation” not because there is a profit being made off of an image that may or may not be Sonya’s (definition of Exploitation as seen above) but because they are trying to find every possible way to get around what they are doing.

Matthew 7: 3-5 (NKJV)

And why beholdest thou the mote that is in thy brother’s eye, but considerest not the beam that is in thine own eye?

Or how wilt thou say to thy brother, ‘Let me pull out the mote out of thine eye,’ and behold, a beam is in thine own eye?

Thou hypocrite, first cast out the beam out of thine own eye, and then shalt thou see clearly to cast out the mote out of thy brother’s eye.

And then on a like related note this also came up yesterday:

JurisdictionaChange

So what was going on?    John McCaul has petitioned the state of Nebraska to take over the case, which is more than reasonable.  

Let’s get this straight – this case was supposed to be OVER by now – the only reason that it is not over is that the Hodgins are keeping it open with their media and their new attorney.    John McCaul is Sonya’s FATHER.   He has every right to ask that this case be heard in Nebraska where he and Sonya are residents.    The only residents of Tennessee are the Hodgins who literally are legal residents and should have no say in anything that is going on with this case.

In addition, given that the Tennessee DCS track record of protecting Sonya’s privacy is less than stellar at this point, I can only hope and pray that Nebraska can put an end to this insanity.   Sonya’s best interests are heard every hearing where HER attorney and HER GAL speak for her.   They say she is doing well and there is no reason at this point to disbelieve them.   They haven’t given a proven track record of lying on a regular basis.

So a few questions to just send out for today:

1.  WHERE is all this fundraising money going?   
2.  When is Tennessee DCS going to step up and quiet these people?

In addition the ABC Show Nashville has a Facebook site here, please feel free to discuss what you think of child exploitation with them.

 

Tennessee DCS and Privacy Part 2

Tennessee DCS Client Rights Publication contains this nice gem which is going to start my rant for the day.

Confidentiality TN DCS

Also from the National Association of Social Workers comes this.

SocialConfidentiality1

So why is this important?

Because once again, there is a massive breach with a foster child brewing in Tennessee.

Not heeding the last message from Tennessee DCS, the Hodgins have once again, pulled an unwilling ten year old child and her family into the spotlight.

But this time?   Let’s double the issues!

One of Sonya’s First Caseworkers Speaks Out

First off, the Hodgins come out looking like a rose with her commentary but the McCaul’s don’t come out looking badly really.   She speaks of the “instant” bond with Sonya and the Hodgins but doesn’t say whether or not John McCaul is a fit parent.   She mentioned that some of the biological family seemed “detached” and “no presents”.

So now in order to be a perfect parent/grandparent presents have to be involved?   

She does ask the question I’m still waiting for the answer for though, “How did she end up in Tennessee in the first place?”

Yes, we know she was taken and not returned by her babysitter, and even the news outlets are now saying it.

But why did she stay there?   WHY were the Hodgins given kinship when there is obviously none?

But let’s go into the more important stuff.

1.   WHY is a social worker breaching confidentiality like that?   Why does she think that it’s a proper thing to discuss an ongoing case with the media in DIRECT contradiction to National Association of Social Workers Ethics codes?

2. Why isn’t Tennessee DCS doing a darn thing about it?   Why haven’t they shut down this very obvious violation of privacy?