Why Foster to Adopt Parents Should NOT Fear the Sonya McCaul Case and Why Biological Parents Should

The mass hysteria started before and in the last 24 hours has gotten worse, including with Calvin King (author of the infamous “I Am Sonya” article that was published last year).

There actually was a comment stating something to the effect of foster parents running away from this.

They shouldn’t.   Here is why.

Let’s go to the beginning of the case – if you look at the Omaha World article, you will find that there was not an allegation of abuse or neglect.   NONE.   Yet, John McCaul still had his daughter taken into state custody – this was after he called the police and told them that they wouldn’t give his daughter back.  He sent someone after her as he was instructed and STILL the state took her into their custody.

(As a side note, right now I don’t want to argue the right or wrong of the baby-sitter taking Sonya out of state.   Whether or not you agree with his parenting choice it is HIS PARENTING CHOICE.   It was not neglect, it was not abandonment.  Naivete maybe but that is not something you should loose your child over.)

In April of 2006, Kim Hodgin called DCS on Joy Gunn, claiming an unsafe home.   Joy Gunn had been the emergency placement while they were sorting the custody arrangements out.   (DCS has since admitted they knew of the prevailing custody order in Nebraska but chose not to pursue it further.   This does need some investigating.)   In July Kim and David Hodgins decided to file to terminate the parental rights of both John and his ex wife.

The Hodgins alleged abandonment and claimed that THEY had custody of the child.  (This was a lie, they had placement but at this point DCS had custody.)   DCS had been preparing to send the child BACK to Nebraska with her grandmother Phyllis McCaul.

In October, Phyllis filed a motion to intervene, to take her granddaughter home with her.

Keep in mind with all of this, the charges on John were filed in April 2006 and the indictment wasn’t until later.   The Hodgins did NOT know what the sentence was.   They did not know that John McCaul was going to stay in jail.   He was not sentenced until January 2007 with the reduction in October.

The attempt at adoption was filed BEFORE the sentencing and the “adoption” was finalized AFTER the sentencing reduction – in 2008, they won the right to adopt Sonya.   This was immediately appealed and instead of waiting on the appeal, they pushed the adoption through.

The termination had been filed based on abandonment.   The judge ruled that Sonya had NOT BEEN ABANDONED but instead decided to terminate due to the lengthy prison sentence that had already been reduced.    The prison sentence reduction had nothing to do with winning the appeal.   The reason the appeal was won was a lack of due process.   The Constitution is NOT a technicality guys.  Head up.

In March 2007, the mother’s rights were terminated.   The key thing to realize on this date as well is that DCS OPPOSED the termination of the parental rights of both John and his ex wife.   They did not believe this was in Sonya’s best interests.  In fact, they were still pursuing reunification as the primary goal.

The adoption was not allowed to stand, in fact it was overturned and annulled in 2009.  Which means that the Hodgins had not been her adoptive parents ever according to the law.

They attempted several more times, most recently in the last year.   They have not succeeded any of these times.

So what do we learn here?

Note that DCS did NOT file the termination.   In fact, they opposed it.   Nevertheless, the Kim and David Hodgins pushed through anyway.    When you are pursuing a foster to adopt situation, there is a reason the heartbreaking checks and balances are in place it is for YOUR PROTECTION and for the protection of the child.

A majority of the foster parents that wish to adopt stay ethical and within the law.   The Hodgins did not.   They filed to terminate John McCaul’s parental rights over the objections of DCS.  They did everything possible to stop reunification for EIGHT YEARS.   THEN they made this young girl into a media side show, bringing up all sorts of people who want to kidnap her, etc…   They also broke their contract with DCS and yet believe they could have another shot.

Not.  Going.  To.  Happen.

Legitimate, ethical foster parents shouldn’t worry that this will happen to them but biological parents should.

Notice, no charge filed, no allegations of abuse or neglect yet it still took John McCaul this much time to get his daughter back.   Law enforcement would not help, instead accusing him of abandonment.   This is what parents should fear.

NOT an illegal adoption getting overturned.

Congratulations Sonya McCaul!

celebrate

Today we celebrate.   We celebrate that Sonya McCaul is no longer a foster child, no longer in DCS custody, instead as soon as the order is finalized, she is in full custody of her father.    The person that she loves with all her heart.   The daddy that has fought for her since this nightmare began.   The father that has protected her privacy.

Someone asked earlier how I could defend this case with a “career criminal” ethically.

It’s easy for me.   First is the fact that the truth has rarely come out of the Hodgins camp – there is one blog in particular that seems to put out the nastiest unsupported rumors and yet supported by those who claim to be Christians.   This is inexcusable.    At the first amount of dishonesty people should’ve stepped back.   Case in point?  Timelines, restraining order, transition, etc…

The blog in particular?  It brings to mind so much of what was going on during the Veronica case where one man in particular that is employed in IT by Trio took great joy in  finding anyone with the name of Dusten Brown, even if the spelling wasn’t alike and attributing all wrongdoing to Veronica’s birth father.

Then there were the so called admissions gleefully published by Bonnie Cleaveland.   Why haven’t I addressed them?

Because they have no bearing.   The questions were written to trip John McCaul up during the defamation case and as he had not gone to a deposition due to a certain amount of miscommunication between attorneys.   The judge granted that those questions all be answered yes and put into evidence.   Contrary to what Dr. Cleaveland says, these were  NOT answered by John McCaul himself.   In addition, these were only to be used in the defamation case – incidentally which can be refiled at the very least against Trio Solutions and Jessica Munday.

These sorts of things and the encouragment of people to lie and stalk make me very disinclined to support them.   I should never have heard of Sonya’s case.   EVER.   Period.   She has a right to privacy.    A right that the Hodgins violated by putting her on THREE national television shows.  Incidentally also breaking the law as well as the contract that they signed.

What else broke the contract?   Filing to terminate John’s rights and to adopt Sonya.   Had this been a typical foster to adopt case with all of the i’s dotted and the t’s crossed this would not have happened.    BUT this wasn’t, this was two people attempting to circumvent the law.

Finally though is the scripture 1 Corinthians 6:9-11:  (Again, The Message, as I LOVE the language used)  9-11 Don’t you realize that this is not the way to live? Unjust people who don’t care about God will not be joining in his kingdom. Those who use and abuse each other, use and abuse sex, use and abuse the earth and everything in it, don’t qualify as citizens in God’s kingdom. A number of you know from experience what I’m talking about, for not so long ago you were on that list. Since then, you’ve been cleaned up and given a fresh start by Jesus, our Master, our Messiah, and by our God present in us, the Spirit.

John McCaul has cleaned up his life.   The last arrest was NOT a violent crime but rather one of what I would say more or less was carelessness.   You may not agree with his parenting choices but parenting choices are NOT a reason to loose parental rights over.   I have every respect that this man against odds that would have defeated many STILL GOT HIS DAUGHTER BACK.

Guess what?  Paul was a murderer.   Let’s be plain and simple there.   And you know what else?   God used him mightily.    He wrote the scriptures that you would use to condemn John McCaul.

Sonya loves her daddy.   Sonya wants to stay with her daddy.   He has been under constant scrutiny and still managed to rise above it and to protect her privacy, something the Hodgins can’t be bothered doing.    In the end, I can’t support people who again and again have been proven to lie.

In the end though, today is about Sonya McCaul!   Strong Sonya, Brave Sonya and today HAPPY SONYA!

Congratulations Girl, make new memories with your family!

Spin Doctoring

So let’s look further into the lies on the Sonya McCaul case shall we?  Especially as Twitter has become a bit of a confusing place to move through – not that you should be getting facts from social media but the story has kept changing so many times it’s very difficult to start going through it.

First off, if you ever let your children leave the state with a caregiver and they refuse to return them, heads up, this is what according to the Hodgins and their supporters constitutes abandonment.  I just thought I would mention this as the case because that is where it starts.

If you have not read, the Hodgins have once more been denied the right to Terminate the parental rights of John McCaul and they are now seeking preadoptive placement and working on overturning Judge Jackson’s ruling to send the case to Nebraska where it belongs.

To be blunt they are pitting the ASFA against UCCJEA – which seems like a crazy choice to have to make, but frankly I don’t believe that the thought of the consequences of this have really occurred to them.

This whole beginning of the case is splitting an assorted and crazy amount of hairs.  The child was abandoned in Tennessee by her nanny.   The child was abandoned in Tennessee by her father.   Why didn’t her father come to get her if he was that concerned, etc…

John McCaul was threatened with arrest if he went to Tennessee.    There has yet to be a single denial of this threat among the supporters, but according to the Hodgins supporters he should have not followed police orders and come to get his daughter anyway.

This is a man who was familiar with how the law worked and had been out of trouble for a number of years at this point – he had no desire to get himself arrested again which would not have done Sonya any good whatsoever.   So he did what he had the right to do as the custodial parent.    He sent his mother and best friend to get his daughter.

Now let’s break this down.   If you follow police orders and send a representative to get your daughter in compliance with those orders and as is your right, DCS will be contacted so that your daughter cannot come home.

Let us start with Omaha World – the report that was the most unbiased.

OmahaWorldTiming

So let’s review.   She was declared a ward of the state on October 5, 2005.    The Hodgins took over as faux kinship placement in April 3, 2006.

But let’s go back to what is said on Bring Sonya Home in the FAQ’s.

Coming to TN

Still keeping somewhat the same on the timeline.

Now Kim’s Letter to the Governor.
SonyaComing gov.  letter

Now, the child was not declared a ward of the state in August 2005 when Kim declared she was baby sitting Sonya.    In fact, she was still supposed to have been in the care of her nanny.   So unless there was a plan in place to keep Sonya there at that point, why would she be babysitting her then?

Now the letter from the professionals, also on the Bring Sonya Home Website:

ProfessionalTimeline

So now instead of being foster parents since she was 21 months old, they claim since she was as year old.     And then they claim that the birth father was successful in overturning the adoption because of a sentence reduction.

Heads up, they filed for termination of parental rights before he was indicted on firearms charges and the reduction in sentence took place a FULL YEAR before they terminated John McCaul’s rights.  In addition, the original argument was that John McCaul had abandoned his daughter.    This is a word thrown around on social media among supporters while kidnapping is one commonly responded to with “Show me the charges.”

As per Court of Appeals, John McCaul did NOT abandon his daughter.

AbandonmentdisprovedCOA
Now the restraining order filed in 2012.

ROtimeline1 ROTimeline2

First off, they claimed that Sonya had been living with them continuously since she was 13 months of age.   She was 21 months of age when she was placed with the Hodgins as a resource placement.      They also mention here that the reunification process was starting.    This is SIGNED by David Hodgins as a legal document.

Compare that to these statements on the Bring Sonya Home Website.

TransitionBSH

Which way is it?    They knew that the reunification process was beginning but yet this is the face they put out to the public.

Now let’s address contact for a moment.

contact

— This is from the Bring Sonya Home Website

Contact2

– From the Bring Sonya Home Facebook Page (note the location stamp – for those who still want to say that the Hodgins are not running the page)

THEN from Kim Hodgins’s OWN WORDS in her “Letter to the Governor”

Contact3

Now this came out last week.

BSH10-12 Contact Question BSH10-12 contact

Everything is John McCaul’s fault.   Not the Hodgins’s – even though Kim herself admitted in the letter to the governor that the media attention is why DCS cut contact off.

Much like so much of the rumors of this case from the Hodgins’s camp, the stories keep changing and getting more and more tragic for the foster parents – so why should we believe them?   How long was Sonya in their care?   Was she in their care in August and Joy Gunn was lying or was she where she was supposed to be this whole time?

This case is every parent’s worst nightmare, going around UCCJEA would mean that an abusive parent can leave the jurisdiction with the child and keep them.   Consider that for a moment.

Part 2 of SpinDoctoring will be Supporter Spin, which is in actuality a very entertaining prospect.