An Indianapolis Mother Continues Her Search For Justice, Part 3

From The Indianapolis Recorder:

Indianapolis mother Tracie Nelson’s fight to regain custody of her daughter has been difficult, and the concerns she has raised could place select individuals in the Marion County court system on the defensive. Nelson, however, maintains that every motion filed in court and every complaint presented to various agencies has only been used for the best interest of her daughter, Kay (Not her real name. The Recorder does not publish names of minors in court cases.)

Nelson insists her goal is to have Kay removed from the home of her father, who was questioned for (but has never been charged with) sexual abuse. At the least, she would like more visitation with her seven-year-old child. “I’m not out to try to hurt or anger anyone,” Nelson says, holding back tears. “All I’m asking for is justice and safety for my beautiful daughter. I raised Kay from her birth until she was taken, and she and I have a special bond that can’t be erased.”

As written in previous segments of this series, Nelson said her main obstacle to getting a fair assessment of her situation was conflict of interest in local paternity and civil courts, allegedly due to close ties between particular judges and the attorney of her ex-boyfriend.However, Nelson is also disappointed with the assistance she has received from individuals charged with ensuring the protection of children.

Specifically, she is unhappy with Kay’s Guardian Ad Litem. The guardian ad litem is a person asked by the court or attorney to represent a child and independently assess their needs during a legal dispute between parents. At the request of Nelson’s attorney, a guardian ad item was appointed for Kay. According to public records, Nelson recently filed a petition for the dismissal of that guardian ad litem, Denise Hayden.

Nelson says she has information that Hayden had served as a pro tempore judge in a court case involving her custody dispute, and therefore cannot be impartial. She also claims Hayden has refused to return her phone calls, has not actually spoken with Kay since July and refused to recommend counseling for the girl following allegations of abuse. “If there were nothing to hide, what would it have hurt?” said Nelson.

Nelson said she asked Hayden’s attorney, Claire Deichman to appoint another guardian ad litem but was told another was not available. Neither Hayden nor Deichman could be interviewed. Inquires were directed to Kid’s Voice, a not-for-profit organization that provides representation for children, as well as parent-child visitation, programs for volunteers serving at-risk youth, and legal resources for attorneys.

Nelson said Kid’s Voice is a good organization, so she can’t understand why Kay couldn’t get another guardian ad litem. Eddie Rivers, CEO of Kid’s Voice, said he could not talk about any case publicly, but said he hoped a misunderstanding about a single person will not tarnish the reputation of well-meaning volunteers with the organization who work hard to protect children.
“We are asked to provide information for judges in a manner that shows no prejudice against either parent. Our main goal is to take care of the child and look at what we can do to help them,” Rivers said. Kid’s Voice has a staff of five attorneys who are responsible for different programs, as well as a team of volunteers.

“People choose to serve as a guardian ad litem on a volunteer basis, and we train our volunteers extremely well before we let them work with children,” said Rivers. “We conduct background checks to prevent any possibility of conflict on interest. We take that seriously.”

Nelson also says the Marion County Department of Child Services (DCS), which is part of the Indiana Department of Child Services, has not stood up for the protection of Kay. DCS had been contacted twice to file reports of sexual abuse, after the girl gave details of how she was allegedly touched to a forensic interviewer and detective. In January 2008 a CHINS (child in need of services) case was filed to investigate, and Kay was moved from the father’s custody to her grandmother’s home temporarily pending the investigation. Two month’s later however, the CHINS investigation was suddenly dismissed, and custody of Kay shifted back to the father.
Nelson said at first DCS joined her in expressing surprise when the CHINS case was suddenly dismissed without a fact-finding hearing, which is required by law. She was hoping that after its review, DCS would support her in demanding a strong investigation of the abuse allegations and call for the removal of Kay from the father’s home.

But Nelson is upset that following a review last month, DCS determined that abuse allegations against the father are “unsubstantiated,” and the fact that the courts dismissed the CHINS case, even though the case was dismissed by a judge accused of conflict of interest.

At the same time, the review said concerns about Nelson fostering an endangering environment for Kay are “substantiated,” adding that being at the center of a custody battle and hearing damaging accusations could impact Kay’s mental stability. “They are letting the person who is hurting my child get away, but they’re trying to penalize me for fighting,” said Nelson.

Ann Houseforth, director of communications for DCS, said she can’t speak specifically about anyone’s case, but explained that since 2006 the agency has reviewed cases using a procedure under CAPTA (the Child Abuse Prevention and Treatment Act). When a report of abuse or neglect is made, the agency goes to a child’s home to determine their safety. Different individuals and experts familiar with the case are interviewed about the allegations.

A report is then issued that will either substantiate or unsubstantiate the allegations. Individuals unhappy with the report can ask for information to be removed through a review process or administrative trial. However, even if a parent has negative information substantiated (upheld) against them, it does not mean an automatic change in custody.

“If you have a substantiation on your record, it wont mean that your children will be permanently taken away from you or that you can’t get them back,” said Houseforth. “They may be removed temporarily until conditions improve, but the parent will not lose them forever.”

Houseforth said DCS also works with community service organizations to help parents provide a more healthy and safe environment for children. In addition to requesting a new guardian ad litem, Nelson is trying to get her case assigned to a new court.

Nelson’s family is hopeful that such action will be another step taken to get Kay home. Minnie Blaylock, Nelson’s mother and Kay’s maternal grandmother, describes her granddaughter as smart, funny and genuinely interested in connecting with other people.

Blaylock says it doesn’t make sense that she and Kay are in the same city, yet haven’t seen each other in months. (Nelson can have paid supervised visits with Kay, but Blaylock and anyone else from Nelson’s family are not authorized to participate.) “We are being penalized because we are trying to protect her,” said Blaylock. “What kind of justice is that?”

Black Fathers and the Family Court

From RandiJames.com:

Tuesday

Black Fathers and the Family Court

“The court has the mentality that if a Black father is interested in his child, even if he has shown no interest previously, that it is such a unique situation that the mother must be wrongfully interfering,” said Davis.I found this quote in an article about the Marion County, Indiana family court system, posted on Indiana Mothers for Custodial Justice.

I take special notice of this statement and how the White Patriarchal establishment uses the Black family as an example of what is dysfunctional in society, in order to maintain White male hegemony. And this affects the thinking of everyone operating under this context.

For example, a recent weekend airing (during this lovely month of Black History) on MSNBC was a documentary entitled, A Father's Promise (thank you Professor Tracey for informing us). Jana Lerner, associate producer for this documentary, had a forum on Newsvine in which she wanted to hear people's opinions on the show. I damn sure gave her mine though somehow how I doubt they really wanted to hear what we thought.

I said:

"Fatherlessness" is not an "epidemic." Nor does it deserve a cure so simple as injecting the Black man back into the family life. Patriarchal views teach us that there is only one functional family structure, so kids growing up thinking that their families are pathological:"You ain't got no daddy?"

"You ain't gon' be @!$%#, just like yo' daddy!"

You keep telling a child that and it insults the child's self-esteem. The child begins to believe that something is wrong...creating a problem where one may not have existed.

What's wrong with changing the thinking to help children appreciate what they do have and give existing families what they need to rise above the adversity? Why can't we stop putting children down because of the apparent deficiencies of their parents? Having NO father isn't the worst thing in the world...In fact, it is much better than having a drug-dealing father, a physically abusive father, an emotionally abusive or emotionally absent father, an inconsistent father, a self-absorbed father, a father that is draining the families resources rather than contributing to them...ANY father won't do.

You cannot force anyone to be a father. But you can understand the the issue is really poverty, and that can be alleviated by having a better educational system, and alleviating barriers to employment.

Children need stability, emotional support, and economic resources. Fathers may or may not be able to provide these things. Those who can will, and those who haven't and those who won't, don't.

Women need to be more discerning in the relationships with children...and perhaps children should not be brought into this world unless families--whatever structure--can fully provide for them.Responsible fatherhood initiatives is a corrupt industry whose focus is to eliminate child support obligations by the unrelenting support of 50-50 custody.This focus on fatherhood and targeting the Black community serves us no justice and it is a completely disgusting.

And in response to someone saying this:

It is time that the Black American categorically rebuke feminism and Welfare.

I had to say this:

I seriously disagree with this and yet it doesn't surprise me that someone would state this. Feminism, by way of Womanism, is what has allowed the Black family to continue to press forward in spite of the hardest times. How dare someone declare that Blacks should rebuke it-- giving connotations that it were evil. It is at the point in which Black men embrace Womanism that they will rise above those things that White society casts as a burden.

And in response to this:

America scared to report or have a show about what black women do. To keep father away.

I felt forced to say this:

What in the heck? Have you any knowledge of Black history? What an insult.

And in response to this:

One thing that stuck out for me, was the piece about not knowing what a father "looks" like. I ran a parenting group and asked these young men what a good father "looked" like. They came up with the standard descriptions, but not one of them could tell me what it took to reach that goal.

I felt the need to say this:

Sad, indeed. But do they know what contraception looks like? How to use it? The results of sex? I'm not insulting you, please forgive me if you think that's my intention. It is just hard for me to grasp that as anything other than an excuse. Do they know what a father does NOT look like? The conversation should begin there (well, after the sex stuff).

And when this was said:

A father is the person that protects his household...he's the person that checks over every guy that dates his daughter and the person of the house that collars his misbehaving son and gets in his face about anything thats going wrong...these homes have lost their protector!!!!!

I definitely was compelled to say this:

This is a very stereotypical assertion. It does no one any justice. Gender-role nonsense.

You can go back and read the entire board at the link I provided above so that you can see everything in context. I can give you a summary of the types of commentors: single mothers, divorced dads, second wives/girlfriend supporters/family supporters, and adults that were products of fatherless homes. So, as you can gather there was some of the same ol same "arguments" about why [Black] men weren't/aren't a part of their childrens' lives. Everyone has someone else to blame, especially the men.

1. Plenty of White folk jumped in the conversation, wanting their spot to complain about how fathers worldwide are getting fucked in the family court system by their vindictive exes.

2. Plenty of Black men wanted to talk about how the system is keeping them down so that they can't succeed in life overall.

3. And plenty of Black men and women spoke about how babymamas erect an impenetrable boundary that keeps Black men away from their children.

Understand that the most important thing in this conversation was #1.

And where do successful Black women speak for the same?

Now, going back to the quote about Marion County, I have observed that statement to be 100% true. It makes me feel like these White judges don't give a damn about Black children's needs...outside of the need for a father. In other words, A father is the primary need for Black children.

I ask you, if a Black child is homeless and/or hungry, will a father cure him/her? If a father is a criminal or is so self-absorbed to be [virtually] non-existent, will he cure his child of the major problems that ail him/her?Only a fool would believe that the answer is so simple as father-injection. Ooh, I think I've coined a new term:

Father injection.

The solutions for Black families lie in Black communities. White society continues to try to profiteer off of our "problems," all the while not creating any solutions, but rather, creating more problems. I have seen White men trying to actively recruit Black men into this parental alienation scam. I have seen White men try to align their parental alienation cause with the likes of the Civil Rights Movement. This is shameful.

Black people, beware!

I'm not trying to further the racial divide...I just want to create awareness. And understand this is difficult to do in spite of feeling the urge to protect Blacks as a community while simultaneously insisting upon individual personal responsibility. For too long have we Black women sat silent while our needs have been trampled upon...our children's needs...I can't sit back and watch it continue.

From the Institute on Domestic Violence in the African American Community (emphasis mine):

Fathers contribute to the well-being of their children and female partners when relationships are healthy and loving. Yet research indicates that in high conflict relationships when fathers are abusive to their female partners and/or their children, victims suffer short-term and long-term physical, emotional, financial, and spiritual affects of the abuse. Even during separation and divorce, abusive fathers may still have contact with their former partners and children because the courts, mother, or children choose it. What should our helping systems consider in order to protect and support women and children when domestic violence occurs? What can be done to encourage healthy, non-abusive behavior among fathers with a history of violence and abuse?

Black women are last on the totem pole. Browse the stats on the IDVACC website.

Black people pay attention.

Our children will continue to suffer. And I will not pretend that President Obama is going to be our savior because he has internalized the same beliefs held by White majority...those same beliefs offer more disaster and little relief.

You wouldn't hire a mortician to save your life. You wouldn't ask a sumo wrestler to play pro-ball. What makes you think that anyone will do? Any father isn't good enough...and I'm sick of the patriarchal court systems "coming to the rescue"...acting as if they are doing us a damn favor by legislating Black families!!!

Indianapolis Mom's Attorney: I Have Never Seen the Level of Incompetence Displayed in the Family Law Cases of Marion County

Part 2 of Tracie Nelson's NIGHTMARE from the MARION SUPERIOR COURTS, from The Indianapolis Recorder:

A mother's journey for justice
By BRANDON A. PERRY, Part 2 of 3
Published: Thursday, February 12, 2009 11:56 AM CST

Indianapolis mother Tracie Nelson has faced several obstacles in her effort to regain custody of her daughter since August of 2007. That year a custody struggle began between Nelson and her ex-boyfriend over guardianship of their daughter Kay (this is not her real name; the Recorder does not publish the names of minors involved in court cases). The custody case was assigned to the paternity court of Judge Alicia Gooden. Nelson said she lost custody of Kay in Gooden’s court due to conflict of interest. Kim Bacon, the father’s attorney is a pro tempore judge in Gooden’s court, and Nelson alleges Bacon is the girlfriend of the father’s best friend.

“We never stood a chance in getting the help we need,” Nelson said. She filed a complaint against Bacon with the Indianapolis Bar Association, and against Gooden and two other judges with the Indiana Commission on Judicial Qualifications, which investigates complaints against state and local judges.

Adrienne Meiring, a staff attorney and spokeswoman for the commission, confirmed that a case like Nelson’s complaint is under review, but it cannot be discussed publicly. “Admission and Discipline Rule 25 prevents us from discussing a case before formal charges are made against someone, unless there is a threat against an individual or the public,” said Meiring. “Until a complaint is verified or dismissed the details and course of investigation are confidential.” At Recorder press time Gooden had not responded to an attempt to reach her for comment. Bacon has stated that neither she nor Kay’s father will comment on the case.

Nelson’s attorney, Dana Childress-Jones, successfully filed a request for change of venue (or change of judge) and the custody dispute was transferred to the civil court of Judge Gary Miller in the fall of 2007. Nelson said Miller appeared to be fair, granting her request to appoint a Guardian Ad Litem (impartial child advocate) for Kay. After a March, 2008 meeting with Gooden, however, Miller changed course and made rulings throughout 2008 that upheld the custody rights of Kay’s father, dismissed a child in need of services (CHINS) investigation on the father, held Nelson in contempt of court and suspended her visits with Kay (although in August he did authorize paid supervised visits).

Miller’s rulings against Nelson occurred despite police and Child Protective Services’ (CPS) investigations against the father for abuse, as well as a document filed with the court that included the statements of a forensic investigator, and Jim Dalton, a local psychologist hired by CPS, who supported the validity of Kay’s detailed claim of being touched by her father.“It’s like no one is looking out for the best interest of my baby,” said Nelson. Miller’s term as a county judge expired at the end of December, and he was unavailable for comment.

Since Nelson went public with her case, several parents have expressed similar frustrations with select judges and attorneys. One of them, Tamara Davis (not real name), has spent nearly $30,000 in legal fees to keep custody of her daughter from an ex-husband who has not yet received court ordered treatment for alcoholism. “The Marion County Court system is a disaster and I also think it is biased against Black mothers,” Davis said. “I’m in the process of preparing for a custody fight with a man that the same court will only allow to have supervised visits with my daughter once a month. It doesn’t make sense.” Davis said the court has allowed her ex-husband’s attorney to lie for clients and use contempt proceedings to extort money from mothers in custody cases. “The court has the mentality that if a Black father is interested in his child, even if he has shown no interest previously, that it is such a unique situation that the mother must be wrongfully interfering,” said Davis. “I am a licensed attorney, and I have never seen the level of incompetence displayed in the family law cases of this county. These things don’t happen in other counties.”

Meiring said complaints about judges filed with the commission are definitely not uncommon.“We generally receive in the neighborhood of at least 300 complaints each year,” Meiring said.If a complaint is upheld, the offense will be reviewd by a court that will decide what kind of action should be taken, from a simple censure to the suspension of a law license.“We get different complaints, but they are usually from people who are simply unhappy with the judge’s ruling,” said Meiring. “Most of these complaints are dismissed because there is lack of substantiation that the judge acted in a prejudicial manner.”

In part 3: Nelson, Kay and the child welfare system.