Day four training: Judge Perspective and
Course Wrap-Up
CPS Bob Johnson:
When the boys finished the pizza,
Bob helped them each pack a garbage bag of clothes and what personal items they
could fit into it. They helped Bob pack a bag of items for Rose as well. Bob
made a call to placement and Ben and Robert were taken to an emergency shelter
and baby Rose was taken to a foster home.
It was now time to contact Kathy
Price, the children’s mother. Whether the parents were first time offenders or
veterans of the department’s protective services, Bob hated visiting the
parents in jail to inform them a child had been taken and placed into the
system. In the Harris-Price children’s case, this would be the third time. He
arrived at the jail, sat down at the video monitor, and picked up the receiver
so he could speak with her. Kathy unhooked the dirty hand receiver from the
wall and glared at Bob on the video monitor.
"What did you do with my
kids? They told me you were taking them," she yelled.
"Hello, Ms. Price. Your
children are fine and safe. We found them two days after your arrest. Due
to living arrangements and the fact that the children were left home alone,
your children have been taken into the custody by the department,” Johnson said.
Upon hearing these words, Kathy
could feel her anger, frustration, and sadness all coming to a boil in her
chest. She wouldn't have had to leave her children if she hadn't been arrested.
She didn't expect the officer to arrest her that night. She wouldn't have had to
leave the house at all if she had enough food to feed two growing boys,
herself, and her precious baby. She would have money to feed her family if the
children's fathers would pay child support ....if she had a better job….if she
wasn’t addicted and trying to make it day by day.
Kathy asked if once she was released from jail
if she would get her kids back. Mr. Johnson said no- the next
thing she should ask is what will happen next when she is released from jail.
Norma:
It was 7p.m. on a Tuesday
afternoon, and Norma was completing her last day of training. Judge Hart, the
local foster care cluster court judge, spoke to the group. He is the judge who
handles all of the foster cases. He talked to them about what he expects in his
courtroom and what the advocates could expect from him. Judge Hart reinforced
how important the CASA advocate is in a child’s life.
She jotted down a few last minute
ideas as Peggy, the facilitator of the training class, wrapped up the
training. Peggy explained that after you
have completed the necessary requirements to become a CASA, your information is
entered into the system to be used upon availability of a case. When the
instance arises where the child has to be removed, a CPS legal proceeding
begins. The court has one year from the date the CPS is named Temporary
Managing Conservator of the child to determine the permanency plan through a
series of several hearings.
The next day, Norma and the other
volunteers arrived at the courthouse in Judge Hart’s courtroom. He swore each
person in and gave them a certificate. Peggy took photos of the group and
congratulated them on becoming an official CASA advocate.
Within a few days, Norma was
assigned a supervisor and her first CASA case. The children had been removed
from their mother due to being left alone and without appropriate caregivers. The two boys had been placed in a shelter, the
baby was in a foster home, and the mother, Kathy Price remained incarcerated at
the time of the placement of the children into foster care.
By Texas law according to the
Texas Family Code, an adversary hearing must be held with 14 days of the
removal of the children. At the hearing Kathy, Norma, Mr. Johnson, and the
children’s attorney met prior to the hearing to discuss what would occur before
the judge. Kathy would be given the option by the department to request a
hearing, in order to provide evidence of why her children should not remain in
the care of the department. If Kathy agreed the children should remain in
the care of the department then there would not be a hearing of presented
evidence.
Kathy stated she would like
to have a hearing on this day and would move forward to represent herself.
After testimony was heard the judge ruled there was enough evidence to
prove the children’s safety and well-being was at risk, and the department
had made reasonable efforts to prevent the children from coming into care of
the department. CPS presented through Mr. Johnson that Kathy had a
history of leaving her children without supervision and was currently on
probation. There was evidence that supported that Kathy violated her probation
by leaving her children home alone, as well as allegation of theft of the baby
formula.
During the hearing the judge
explained that Kathy could offer family members as possible placement for her
children during the duration of the department’s case. CPS would be
required to complete a home study on each home that was requested by any
parent. Kathy presented to the court and the other parties that her sister
Carol and a paternal grandmother, Dashee, would be her best options for the
children. It was also ordered that Ernie
Price submit to paternity testing for the child, Rose Price. Even though
Ernie Price and Kathy Price were married, Rose was born after the divorce and
he is the alleged father to Rose.
Norma set up separate meetings
with Kathy, Carol, Dashee, and Jason Harris. Jason Harris informed her he
wasn't open for discussion because he no longer wanted anything to do with
Kathy or placement of his child, Ben, in his home. Kathy's sister had mentioned during the
hearing that although she loved all of the children and wished them the best,
she could only financially and time-wise, support one more child, Ben, the
oldest. At this point, it was looking as
if the chances of the children staying together were slim, but it would be CASA's
recommendation for the best interest to have the children remain together.
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