“Common Misconceptions” vs Court Documents in the Lexi case

So I haven’t been about awhile, real life has DEFINITELY kicked in of late.   But the case for Lexi has come back from the court of appeals with a set of documents even more damning for the foster parents then the earlier court of appeals.

Newest Court of Appeals Document

For those that had not seen it – the newest case is right here – and it’s a doozy with much more information then the previous case, where several supporters are even aghast with how much had been left out.

I don’t know if Jessica Munday is at least directing this public relations campaign from behind the scenes but the similarities between the campaign on both this and Sonya’s case are pretty striking.   Combine this with the fact that both she and Johnston Moore (who is an admin on the Save Lexi page) are both involved in CAMI, it’s a pretty good bet.

Currently on the Save Our Lexi webpage there are a set of distinct “Common Misconceptions” and I thought I’d go through a few of them in comparison with the court documents – although according to them, the court documents lie about everything.

So the first thing they wanted to address is that the Page’s were not authorized to be an adoptive placement.

Adoptive Placement

So let’s start talking about how the Utah family was supposed to be the adoptive family from the get go.

Firstly there is the bit they quoted from both Court of Appeal documents:

“At some point after father’s reunification efforts failed, the P.s decided they wanted to adopt Alexandria. They discussed the issue with the Department social worker, who advised them that the tribe had selected the R.s as the planned adoptive placement.”

It goes farther then this though.   California has its OWN version of the Indian Child Welfare Act which strengthens the Federal standards.   So under California state law, still Lexi would have gone to her relatives.

All of the bits within this full code are here – including parts of the state law that the website has omitted – but it does walk through exactly how things work for an Indian child.

In addition, California law mirrors ICWA in the idea that family comes first – if there is no other options THEN an unrelated adoption can occur.  This was obviously not the case here.

Furthermore, a court order to stay the transfer does NOT mean that the child was adoptable – what it DOES mean is that the courts were going to take the time to see what they had to say.   They have heard it, and multiple times it has been denied.   So that argument is moot.

Lexi’s siblings are the next point.

Beyond all the back and forth about the subject of her siblings (Including Lori McGill’s “There is no evidence that her siblings are with her”) – they have put this tasty tidbit on their page.

siblings

Stop right here.

The latest court of appeals documents contradict this in the largest possible way.

“The R.s have an ongoing relationship with Alexandria’s half-sister, Anna, who visits the R.s on holidays and for a week or two during the summer. Anna and Alexandria have the same paternal grandmother (who has since passed away) and step-grandfather, and the step-grandfather has designated the R.s to care for Anna if he should become unable to care for Anna.”  (Page 10)

“The R.s would usually include Alexandria’s older half-sister, Anna, in the visits. Alexandria first met Anna during a July 2013 visit, when Anna was about 12 years old. Anna lived with the R.s for a time, but by September 2015, she had moved down the street from the R.s. Alexandria’s younger half-sister Kayla was born in March 2015, and was being cared for by R.s. Alexandria responded to Kayla positively during  Alexandria’s first overnight visit with the R.s in April 2015. On a visit to Utah, Alexandria left Post-its around the house, including one on Kayla’s swing, because she did not want her sister to forget her.”  (Page 13-14)

“A social worker traveled with her, observed her transition to the R.s, and reported that Alexandria was excited about the visit and appeared to be comfortable in the R. home. On the return trip, Alexandria told the social worker she had a great time and would like to visit her sister and the R.s again. The P.s felt that Alexandria was too young for overnight visits, noting that they would not let their son of the same age stay with someone overnight. ” (Page 14)

“Alexandria had been able to form meaningful and affectionate collateral attachments to the R.s and her half-sisters, Anna and Kayla. Doi Fick noted that if Alexandria were to lose her strong sibling relationship with Anna, it would shake her sense of identity. Both Doi Fick and Alexandria’s therapist Wejbe felt the R.s would be supportive of a continued relationship between Alexandria and the P.s. Both also expressed concern that the P. family would be unable to support a continuing relationship between Alexandria and the R.s and her half-sisters, Anna and Kayla.” (Page 29)

That statement is a large lie in this case – Anna and Kayla are close to Lexi and the concern with the expert that the Page’s agreed upon is that the Page’s were NOT going to support a continued relationship with the sisters.   Based on other things brought up in the Court of Appeals document I think this is a valid point.

Media

So let’s start with the court document from the latest court of appeals.

“The court ordered Alexandria to be placed with the R.s and imposed a seven-day stay, after which Alexandria would be moved without a transition plan.

The P.s filed a notice of appeal, and also sought another writ of supersedeas to stay Alexandria’s transfer. We denied the writ petition on March 18, 2016.”

Based on the way that they kept calling protesters to the house, I somehow doubt that there would have been any way that a private transaction would have taken place.

Calling Troy Dunn?   NOT protecting Lexi.   Calling the media?   Calling protesters?   Not protecting her.

So get off that high horse now.   I would say that they POSSIBLY didn’t realize that DCFS would do it but I also don’t think that DCFS had many options.

I’ll go into the other issues later but I’d also like to address the concept that Summer is native and therefore would be suited to teaching Lexi about her culture.

This is all from the court of appeals documents:

“The P.s have described efforts they made to incorporate Native American culture into their lives. Summer P. has Southern Tuscarora heritage, but the tribe is not enrolling new members and is not a federally recognized tribe. They have painted one wall of their kitchen “Navajo Blue,” and are members of the Autry Museum, participating in Native American arts and crafts activities. They attend an annual pow-wow, and shortly before the September 2015 good cause hearing, Summer and Alexandria attending a sage burning ceremony. However, Summer declined to participate in a part of the activity, and did not encourage Alexandria to participate.”

In addition:

“Those other factors include Alexandria’s relationship with her extended family and half-siblings; the capacity of her extended family to maintain and develop her sense of self-identity, including her cultural identity and connection to the Choctaw tribal culture; and the P.s’ relative reluctance or resistance to foster Alexandria’s relationship with her extended family or encourage exploration of and exposure to her Choctaw cultural identity.”

And:

“After remand, the case was assigned to Judge Trendacosta, who ordered individual therapy for Alexandria in December 2014.8 Alexandria seemed happier and less anxious in individual sessions and was much more open about discussing family. Wejbe felt that Summer P. was reluctant to implement some of the therapy tools she suggested for Alexandria in the home, and the P. family did not attend many of the cultural activities offered through United American Indian Involvement. During one session, Wejbe made a dreamcatcher with Alexandria. Summer P. testified the dreamcatcher had ended up in the trash.”

The court papers show a child who loved her extended family and was willing to go with them and also showed a foster family unwilling to literally foster this bond.

I’ll go more into it later, but this post is long enough.

 

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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.

 

If You Have to Use a PR firm to Adopt a Child, Perhaps You Should Rethink This Adoption

I promised I would go more into depth with the “Baby Veronica” case.    This case is RIFE with ethical violations and the Christian Adoption movement (supported by Miss Lisa Morris, racist and supporter of lies) just blindly supported it.   Perhaps they think that the ICWA is a racist law.   Perhaps they just want more babies.   Perhaps it’s a more sinister possibility of cultural assimilation and colonialism.

Or it can be any mix of the grouping.   Who knows.    The fact remains, no Christian should enter a private adoption without the consent of BOTH birth parents and to make sure this occurs.   Of course as Matt and Melanie Capobianco are atheists it’s probably a moot point – their morals have already proven to be lacking.

Enter as well Jessica Munday.    Jessica Munday is the head of Trio Solutions, a PR company that is becoming almost a swear word to any who are fighting for ethical adoption reform.     Beyond the Veronica case, she has also involved herself in the Sonya McCaul case (Foster case that I WILL go into later), the Baby Dee case and POSSIBLY the Baby Elle case (the similarities in the PR are stunning but no proof as of yet).    All of the above are unethical adoptions and the latter three involve foster children that she seems to have no trouble posting all over the internet, completely destroying their privacy.

When Matt and Melanie Capobianco lost the fight originally to keep “their” “adopted from birth” daughter,   (Not adopted at birth, in fact, taken from Oklahoma without the proper documentation and without the consent of the birth father) they did not spend the time offering to host Dusten in their home to let him get to know his daughter.   They did not spend the time with her, but instead they brought in reporters to cover the handover, making the moments that were difficult much more chaotic.

Enter Jessica Munday, founder of Trio Solutions in South Carolina.    Munday, among other things, does PR work for MST, Multisystemic Therapy, where one of the “bonding therapists” is oh, look, Melanie Duncan aka Melanie Capobianco.    They are great friends and Jessica Munday decided to help with the PR to “Save Veronica Rose”.

Jessica Munday quickly became the one calling in favors, working on publicity for the case completely free of charge.   Her webmaster Brad Cariacofe then responded by helping to put up the “Save Veronica Rose”  “fact” site.

I use the term “Facts” in a very loose fashion because while some of her facts may have started as the truth, they did not stay that way.

Included in these facts are tidbits that Dusten Brown was at one point very behind on child support.   The facts?   He was only due to the fact that the child support is not assessed until AFTER the divorce decree is filed in Oklahoma – so basically when the judge decrees how MUCH child support is to be paid, you are already behind.    The facts also were that Dusten Brown’s ex wife had nothing but good things to say about her former husband as a father.

The fact that Veronica had been abandoned?   Also found to not be true – there was no contact between Dusten and his (by this point ex) finacee but it was because SHE stopped answering phone and cutting off contact.   

And the infamous text?   Oh yeah, disallowed in the South Carolina supreme court because the context had conveniently disappeared.   You got three texts that were the parts of the conversation that left Miss Christina Maldonado a woman abandoned and Dusten Brown looking like trash.    The three texts were only Dusten’s replies to something Maldonado had said.   Incidentally several courts considered her testimony “not credible,” but of course, with the help of Jessica Munday and Trio she came out smelling like a perfect rose.

Not content with this, Munday, along with the aforementioned Lisa Morris and Johnston Moore of “Home Forever” decided to found the “Coalition for the Protection of Indian Children and Families” an organization that has no discernable purpose whatsoever besides looking good.    Why does Lisa Morris need to be on another board?   And why did Mark Fiddler renew their non profit status this year when nothing has been on their Twitter since September and nothing on their Facebook since JANUARY.   It’s very suspicious.

Then we’re going to add to this mix Brad Caricofe.    Listed at Facebook as being employed at “Advanced Web,” he is the technology brains behind the structure of both Save Veronica Rose and Bring Sonya Home (the Sonya McCaul case is also one to be discussed in more detail later).    He also has a side job, of regurgitating the party line over and over.   In discussions, he never answers a single question and in fact he adds stories on to fuzzy the mix.   Such as starting rumors that Dusten Brown (spelled DUSTIN BROWN, a common enough name) had two other children he was in arrears for child support for.    His mission seemed to be only to sully the waters by finding various Dustin Browns in Oklahoma and using whatever dirt he found on them.   Fact checking was just not something that he did.   In my opinion Dusten Brown has more than enough to sue these people for defamation of character.

Bring Sonya Home and Save Veronica Rose have nearly identical structures and Brad C has been known to do work for Trio and this has been widely admitted by Jessica Munday on several occasions over social media.

So how did these two from South Carolina (Munday) and from Virginia (Caricofe) get involved in a case from Tennessee?   My only theory is that they found out that an illegal adoption can be overturned and they are now covering their butts, even bringing in the old gang.   (The letter for Sonya has many of the SAME SIGNATURES as a similar letter for Veronica written when she was 2, including one Melanie Duncan aka Melanie Capobianco, now officially admitting that she probably harmed the child she claims to love)   

I have no answers there, but they are using the same PR tactics.   One can only hope that this time the people pushing for truth get it across.   

TRUTH is the foundation of all ethical behavior, all Christian behavior.   And it is what we should support and act with at all times.