9 Year Old Begs to go Home

[K_Z]

Case returns to court in Tennessee February 19, 2015. There is reason for hope in this appalling situation!

It has been one awful year since SH was taken from the only home and family she ever knew, and placed with her career criminal bio father, who hadn't seen her, or been involved in her life in any way, since she was an infant. An excellent summary here in this video, posted yesterday on the grim anniversary of this family's nightmare:

http://www.wsmv.com/clip/11083993/controversial-custody-case-returns-to-tn-next-month

From all indications, the court will hopefully "get it right" this time. It's increasingly clear from expert commentary, Judge Burch's ruling, and articles, that the original decision by Judge Andy Jackson that removed SH and gave her to John McCaul, was illegal.

IMO, even if SH is not returned to the Hodgins right away, she needs to be removed from the home of John McCaul, and visitation with the Hodgins allowed immediately. That's my opinion. I know there's a vocal few who disagree with that, and that's fine with me.

 

[MyBelle]

Looks like the legal nightmare for this little girl and her family will be ending next month. Hearing will be a formality to remove her from the custody of Tennessee DHS. The Nebraska Judge wouldn't accept jurisdiction until the TN case ends. This child was kidnapped from her family and I hope it is prosecuted. imo.

“Although the child presently resides in Nebraska, there is pending litigation involving the custody of the child in Dickson County, Tennessee,” Retelsdorf says in her November ruling. “Therefore, this court finds, pursuant to the UCCJEA, that the interests of the minor child are best addressed in Tennessee and declines to accept jurisdiction while such matters are pending in the foreign jurisdiction.".......
.....Meise could decide next month to hold a full hearing or terminate DCS custody.

http://www.wdkn.com/year-later-sony...headed-back-to-dickson-county-juvenile-court/

 

[MyBelle]

So you say Judge Jackson made a mistake what about Judge Burch who said no to adoption and would not reconsider adoption?

Judge Jackson did nothing illegal in recognizing that Tennessee should have never taken jurisdiction over child custody in the first place after the Judge was made aware she had lived with her custodial parent in Nebraska immediately prior to her removal to TN by a babysitter. The error was on TN's part, not Nebraska. Hopefully, this ridiculous, legal nightmare will end soon since she has resided physically in Nebraska with her parent for a year.

I do wonder how much in resources--both staff and $$$$-- the State of Tennessee has spent in their battle with the wannabe adoptive parents. I bet the costs have been huge to Tennessee taxpayers.

JMO

 

[K_Z]

Bumping this to raise awareness of this child's case. Sonya's case is due in court in 2 days, Thursday, Feb 19, 2015.

On Feb. 19, a new judge will decide whether to leave the girl in Nebraska with her biological father, John McCaul, or return her to the foster parents she's known all her life.

This could lead to a best interest hearing or it could lead to Sonya being removed from Department of Children Services custody.

"For the Department of Children Services to be continuing to oppose a best interest for this child when it's there job to determine the best interest of the child, to me, is inexcusable," said Bob Tuke, an adoption and family law attorney.

Tuke helped write Tennessee adoption laws. He believes that retired Circuit Court Judge Robert Burch was right when he ruled Juvenile Judge Andy Jackson broke the law in sending Sonya to Nebraska without a hearing.

"There is a new set of eyes on this case and it sees it very differently than the old set of eyes," Tuke said.

http://www.wmcactionnews5.com/story/27978542/controversial-custody-case-returns-to-tn-next-month

IMO, there will be a best interest hearing ordered and scheduled. I hope so, for Sonya's sake. Even if she isn't returned to the Hodgins, I hope there is an order to return her to TN to temporary foster care, with visitation given to the Hodgins, while the "best interests" hearing is prepared for and conducted.

 

[gitana1]

Case returns to court in Tennessee February 19, 2015. There is reason for hope in this appalling situation!

It has been one awful year since SH was taken from the only home and family she ever knew, and placed with her career criminal bio father, who hadn't seen her, or been involved in her life in any way, since she was an infant. An excellent summary here in this video, posted yesterday on the grim anniversary of this family's nightmare:

http://www.wsmv.com/clip/11083993/controversial-custody-case-returns-to-tn-next-month

From all indications, the court will hopefully "get it right" this time. It's increasingly clear from expert commentary, Judge Burch's ruling, and articles, that the original decision by Judge Andy Jackson that removed SH and gave her to John McCaul, was illegal.

IMO, even if SH is not returned to the Hodgins right away, she needs to be removed from the home of John McCaul, and visitation with the Hodgins allowed immediately. That's my opinion. I know there's a vocal few who disagree with that, and that's fine with me.

I think the likelihood of the child being returned to TN foster care and/or being allowed visits withe Hodgins is slim.

Unless there are exigent circumstances, or detriment can be proved, courts generally tend to preserve the status quo when it comes to custody. Even when the best interest of the child was never determined to begin with.

And if the child has GAL's and social workers and attorneys stating she is settled and content, the court will not upset that.

 

[K_Z]

I think the likelihood of the child being returned to TN foster care and/or being allowed visits withe Hodgins is slim.

Unless there are exigent circumstances, or detriment can be proved, courts generally tend to preserve the status quo when it comes to custody. Even when the best interest of the child was never determined to begin with.

And if the child has GAL's and social workers and attorneys stating she is settled and content, the court will not upset that.

Thanks for your comments, gitana1. Well, I'm holding out some hope anyway, even knowing that what you describe may happen. The whole situation is just so incredibly awful. It's hard to believe such breathtaking injustice can happen in this country. IMO, it's like she was just sacrificed or something, or treated like a pet or a suitcase--like she isn't even a human being. It's hard to believe in laws, and goodness, and justice when something like this happens.

A few questions-- do the Hodgins have any other recourse to try to seek some justice, since experts seem to agree that there were decisions made by the court that were not legal? Could they file a civil suit against the county or state?

If she does have to stay with the criminal bio-dad, can the courts mandate ongoing involvement by CPS until she is 18 years old? IMO, he should never be in a position to have custody of this child without regular and involved outside supervision.

Can she remain in the legal custody of DCF, even if they make her stay with the bio-dad?

Can the courts order the bio-dad to allow her to have access to the Hodgins, phone calls, visits, etc? Can the courts allow the Hodgins to provide for her future and her education, if they wish to? Could they set up a trust for her, administered by an outside agent?

This whole thing is such a travesty, and a tragedy, IMO. I'm still hopeful that legislators will take this on and try to pass changes to the law so this can never, ever happen again. One child sacrificed and handed to a career criminal over a technicality is enough.

 

[PaulaSB]

Maybe at some point in the future Sonya may forgive the Hodgins enough to want to write or speak to them. Visits would be too dangerous. They would not let her go home again that I am sure of and if they had really loved her they would not have broken dcs rules so many times this story should never have entered the media either american or world wide.

 

[jjenny]

Using that logic, if daddy wanted to raise her, maybe he shouldn't have ended up in prison for years when she was still a toddler?
Don't you think it would have been good for him to not break actual LAWS that one ends up in prison for breaking?
Why does he get a pass for ending up in prison when she was a toddler?
Who is supposed to be raising his child when he is in prison?
The whole situation outrages me to no end.
After years of him being in prison, I fail to see how and why he should have gotten custody of the child somebody else was raising for all the years.
Why are you so concerned about DCS rules but not Laws of our society?

 

[MyBelle]

Using that logic, if daddy wanted to raise her, maybe he shouldn't have ended up in prison for years when she was still a toddler?
Don't you think it would have been good for him to not break actual LAWS that one ends up in prison for breaking?
Why does he get a pass for ending up in prison when she was a toddler?
Who is supposed to be raising his child when he is in prison?
The whole situation outrages me to no end.
After years of him being in prison, I fail to see how and why he should have gotten custody of the child somebody else was raising for all the years.
Why are you so concerned about DCS rules but not Laws of our society?

I'm curious. What about this case so enrages you? The child isn't the first or last to have an incarcerated parent. In this case, the child also had another parent--her mother. Are you advocating all children with incarcerated parents should be placed in foster care rather than with the other parent? Why didn't the State of Tenn. return the child to her mother?

While the parent is incarcerated, the state usually tries to find a relative to care for the child. And, if parental rights haven't been terminated, at the end of the incarceration, there is at least an attempt to reunify the child with the parent. It is far from an ideal situation for the child but it is a reality. To suggest that foster care with strangers is a better fit for a home than with a relative is not supported by the massive amounts of research and is contrary to public interest. State legislators have concluded foster care is a last resort.

An estimated 809,800 prisoners of the 1,518,535 held in the nation’s prisons at midyear
2007 were parents of minor children, or children under age 18. Parents held in the nation’s prisons—52% of state inmates and 63% of federal inmates—reported having an estimated 1,706,600 minor children, accounting for 2.3% of the U.S. resident population under age 18.

http://www.bjs.gov/content/pub/pdf/pptmc.pdf

 

[MyBelle]

Maybe at some point in the future Sonya may forgive the Hodgins enough to want to write or speak to them. Visits would be too dangerous. They would not let her go home again that I am sure of and if they had really loved her they would not have broken dcs rules so many times this story should never have entered the media either american or world wide.

There needs to be an investigation into the Tennessee DCS system and how this debacle was allowed to happen in the first place.

JMO

 

[K_Z]

Bring Sonya Home facebook site is reporting within the hour that Dickson County juvenile court dismissed the case today due to not having jurisdiction, despite the higher court ruling that the Nebraska transfer was illegal. Appeals already in progress.

 

[MyBelle]

Bring Sonya Home facebook site is reporting within the hour that Dickson County juvenile court dismissed the case today due to not having jurisdiction, despite the higher court ruling that the Nebraska transfer was illegal. Appeals already in progress.

It's over. An appeal ain't gonna work.

JMO

Sonya is permanently in the custody of her biological father and the Hodgins have no legal relationship with her.

The Hodgins are already appealing the decision in circuit court. They are asking for the case to be reopened at the appeal level.

Read more: http://www.wsmv.com/story/28153422/...-thrown-out-by-dickson-co-judge#ixzz3SF9S42fS

 

[gitana1]

It's over. An appeal ain't gonna work.

JMO

Sonya is permanently in the custody of her biological father and the Hodgins have no legal relationship with her.

The Hodgins are already appealing the decision in circuit court. They are asking for the case to be reopened at the appeal level.

Read more: http://www.wsmv.com/story/28153422/...-thrown-out-by-dickson-co-judge#ixzz3SF9S42fS

Maybe, maybe not. But even if there is a successful appeal, that doesn't mean the Hodgins will end up with custody.

 

[MyBelle]

Maybe, maybe not. But even if there is a successful appeal, that doesn't mean the Hodgins will end up with custody.

How could a state appeal be successful in Tennessee when Tennessee no longer has legal custody of the child?

 

[PaulaSB]

Seemingly they are appealing the tpr and adoption attempt that Judge Burch denied then refused to look at it again. Sonya has said multiple times she wants this to stop but the Hodgins wont do that. They don't care about her feelings they want to destroy her life and force her back where she doesn't want to go.

 

[MyBelle]

Seemingly they are appealing the tpr and adoption attempt that Judge Burch denied then refused to look at it again. Sonya has said multiple times she wants this to stop but the Hodgins wont do that. They don't care about her feelings they want to destroy her life and force her back where she doesn't want to go.

Maybe they are still trying to raise money to pay their PR flack and attorneys who dragged this out for eight years? Losers can say they are going to appeal but reality sets in. They lost.

JMO

 

[gitana1]

How could a state appeal be successful in Tennessee when Tennessee no longer has legal custody of the child?

I don't know. It depends on the law.

 

[ScarlettScarpetta]

Apparently this man still has parental rights and Just because someone is a felon does not mean they lose their parental rights. Has he been abusive to the child? Has he harmed her?
I know people may not like it. Everyone thinks they know best but in this case the law is on his side and that is that. I don't think this family dragging through appeals is helpful or anything but selfish at this point. IMO

 

[MyBelle]

Apparently this man still has parental rights and Just because someone is a felon does not mean they lose their parental rights. Has he been abusive to the child? Has he harmed her?
I know people may not like it. Everyone thinks they know best but in this case the law is on his side and that is that. I don't think this family dragging through appeals is helpful or anything but selfish at this point. IMO

BBM. Exactly right.

JMO

 

[PaulaSB]

Seemingly they are appealing the dcs nonsuit when are they going to stop like Sonya has been asking since last May?