WA WA - Sky Metalwala, 2, Bellevue, 6 Nov 2011 - # 8

[ClassyT]

I am still really confused about what role CPS played in this family. . . . clearly they were involved when Sky was 3 months old. The parents were required to attend parenting classes and serve one year probation for their criminal charges. We don't know if CPS also required further services to ensure the children's welfare but at the time CPS became involved the parents were still a couple. I am wondering if CPS closed their case with the parents and the parenting plan/declaration/allegations issues were only brought in front of Superior court. Superior court is a separate court action than juvenile or family court, and does not usually deal with CPS cases.

If the allegations were made to CPS, then CPS has a duty to follow up and investigate whether there was food in the home, whether people were allowed to use the toilet, whether the family members were not allowed to sleep in their beds or utilize clothing from their closets . . . etc.

I am very interested in knowing this as well. I also am curious as to when Julia first reported her 2009 account of physical abuse by her husband. Did she make a report then or was it not until after he filed the divorce?

 

[claudicici]

Her upbringing could give some hints to whatever "supposedly" triggered any mental issues, perhaps her family was abusive. The trigger was during the marriage, so that is the most important place to look. I get the feeling that that marriage was not a kind and loving one. Let's not forget we have only heard 1 strange side of the story, that I know of, and not much from the other side. Having been in an incredibly abusive relationship when I was younger, I know how charming and how rapidly someone can tell the world lies, and everyone believes it. You can't say anything b/c you have been threatened never to say anything or further punishment (possibly worse) will be next. Finally, after 23 years, at my daughter's wedding, that abusive ex's parents pulled me aside (yes he was there as he is the father of DD) and apologized for not seeing and not helping. I did not need the apology, but they did not see until he did it again with someone else, once we divorced. He was very charming, and all the bruises were my fault, I fell or was just clumsy. All the abuse was making me crazy. I was not allowed to eat, not allowed to go anywhere, not allowed to have friends, forced to do many things. So, just saying, the marriage is where he says she snapped, there was a trigger there. Just another angle to view.

But she was married for quit awhile and dating him for much longer.Just by the blogs she posted and by watching Solomon IMO she's the abuser here.
It seems more likely to me that when the financial situation declined she seemed to become worse.I think that's the more likely trigger in that situation.

 

[laniefi]

Yes, the police would know, but they would not be able to tell the general public at a presser. I never said that LE wouldn't know.

Police could tell the general public as they are not a covered entity under HIPAA.

Now police may not tell the public for different reasons, like jeopardizing an ongoing investiagtion...

 

[Magdalyn]

I'm not sure what MSM stands for, but JB's mother's name (and her brother's) can be found in the linked article.

http://www.huffingtonpost.com/mobileweb/2011/11/07/sky-metalwala-missing-was_n_1080847.html

Mainstream Media or Main Stream Media.

 

[Camille]

I agree Camille. I certainly have no idea what happened, but I have been through bitter divorce and custody and am well aware of the lying that goes on, the taping, the filming. Most importantly, stalking. Keeping tabs on your every move. While not mentioned yet in this case that I know of, it happens almost every time. It is horrible for everyone, but mostly the children. To use the "she is insane and was once diagnosed" issue conjures the Victorian Era in my mind, and yet is it used at least a million times per day in Courts across the Country even today. Who is to say he is not the one driving her insane?

I cannot help but wonder if the child is with his family, not just the idea of hers. So, I am sitting on the fence, looking at both sides in the sordid mess, and hoping that Sky is alive and well somewhere.

The lack of a guardian ad litem and CPS involvement in a case where the mother was so extremely mentally ill that she would not feed her children or allow residents of the home to use their own facilities seems very strange. I would like to know more about why the interests of the children weren't better taken care of in this case.

 

[21merc7]

The lack of a guardian ad litem and CPS involvement in a case where the mother was so extremely mentally ill that she would not feed her children or allow residents of the home to use their own facilities seems very strange. I would like to know more about why the interests of the children weren't better taken care of in this case.

I can only think that those issues were looked into and nothing was found to substantiate the claims. IDK.

 

[wenwe4]

Respectfully BBM. They used to. Now they triage out cases before sending a worker out, not after the worker has viewed the home. If the worker that takes the call doesn't believe that an allegation is believeable, they don't have to assign a worker to follow up. It's been happening nationwide, and there are articles on it happening in FL, MI, CA and other places with high child abuse stats. Too many calls, not enough workers, money or hours in the day to follow up on all of them.

In Washington State, the information in the allegation must meet certain criteria in order to be accepted for a referral for investigation. The allegations must meet the level of moderate to high risk of child abuse and/or neglect in order to be screened in.

What I am trying to say (in my previous post) is that I don't believe CPS was involved with this family at the time SM wrote his declaration . . . I think the only court action was the Superior court at that time. I don't think CPS even had this information at that time. Given the timeline, CPS must file to place the children into care or close the case within 6 months (sometimes 90 days) of the original referral.

I don't think there was any third party investigation into SM's allegations in his declaration . . . only pictures presented to the court via JB to refute SM's declaration.

I would venture to guess that the Mental Health professional that assured the court that JB's OCD would not interfere with her ability to care for the children (that has been reported), never went to JB's home or had corroborating witness testimony to support their position.

 

[Camille]

I can only think that those issues were looked into and nothing was found to substantiate the claims. IDK.

Also it's obvious that if Solomon is to be believed now that he lied about/covered up what was going on in the house prior to the split, at least to me it is since no one seemed to know about any of it. Then after the split he comes clean with he mental illness and the abuse and neglect but that's not bashing at that point? Yet Julia telling about abuse that she suffered and it only coming out after the split is obviously a lie? :banghead:

 

[ClassyT]

In Washington State, the information in the allegation must meet certain criteria in order to be accepted for a referral for investigation. The allegations must meet the level of moderate to high risk of child abuse and/or neglect in order to be screened in.

What I am trying to say (in my previous post) is that I don't believe CPS was involved with this family at the time SM wrote his declaration . . . I think the only court action was the Superior court at that time. I don't think CPS even had this information at that time. Given the timeline, CPS must file to place the children into care or close the case within 6 months (sometimes 90 days) of the original referral.

I don't think there was any third party investigation into SM's allegations in his declaration . . . only pictures presented to the court via JB to refute SM's declaration.

I would venture to guess that the Mental Health professional that assured the court that JB's OCD would not interfere with her ability to care for the children (that has been reported), never went to JB's home or had corroborating witness testimony to support their position.

That blows my mind. In the states I AM familiar with all reports of abuse must be investigated regardless of how far fetched.

Someone needs to change that. If I lived in WA I would be making some noise about that for sure. Kids come first.

 

[wenwe4]

The lack of a guardian ad litem and CPS involvement in a case where the mother was so extremely mentally ill that she would not feed her children or allow residents of the home to use their own facilities seems very strange. I would like to know more about why the interests of the children weren't better taken care of in this case.

Children are not assigned a GAL/CASA unless they become "dependents of the State" (ie: placed in foster care). I still do not have confirmation that these kids ever went into foster care. I do know that JB made the allegation that someone kept the children from her for 7 months (not sure if that was SM or CPS). I assume it was during the time she was hospitalized but I don't have specific dates of that - so not sure.

It appears to me that the kids lived with SM during that 7 months prior to the "exchange from hell" recording and then soon after JB alleged sexual abuse and physical abuse and filed restraining orders for herself and her children. From the records, it appears that those restraining orders were reissued each time they ran out (ie: every 30 days).

 

[rosemary]

I agree Camille. I certainly have no idea what happened, but I have been through bitter divorce and custody and am well aware of the lying that goes on, the taping, the filming. Most importantly, stalking. Keeping tabs on your every move. While not mentioned yet in this case that I know of, it happens almost every time. It is horrible for everyone, but mostly the children. To use the "she is insane and was once diagnosed" issue conjures the Victorian Era in my mind, and yet is it used at least a million times per day in Courts across the Country even today. Who is to say he is not the one driving her insane?

I cannot help but wonder if the child is with his family, not just the idea of hers. So, I am sitting on the fence, looking at both sides in the sordid mess, and hoping that Sky is alive and well somewhere.

i think it's more like the other way around. why would she have wanted her daughter's father to have custody of her despite all her accusations of physical and sexual abuse against him? in the tapes, she sounded like she was the one who kept harassing, badmouthing him, and he barely said a word to her. he didn't say anything negative to her, which makes me feel that he is not this terrible person that she says he is. what solomon has said in his declaration seems to be accurate, especially regarding her apparent obsession with her daughter as seen in the pics. she was diagnosed with severe ocd, and left her kids for 12 hours without letting anyone else know about it till she confessed it to the police. i relly don't get how solomon could have driven her insane, julia's tapes don't seem to support that theory.

 

[claudicici]

wonderful post, great post, I agree 1 million percent, yes that is 100% many times over. if I could ever find the happy clappy smilie you're have a round of applause.

 

[laniefi]

O/T and NOT related to Lisa Irwin but OMG
http://www.msnbc.msn.com/id/45311719/ns/us_news-crime_and_courts/

 

[laniefi]

Where are you little guy?

Where on earth could you be??????????????

 

[Camille]

Children are not assigned a GAL/CASA unless they become "dependents of the State" (ie: placed in foster care). I still do not have confirmation that these kids ever went into foster care. I do know that JB made the allegation that someone kept the children from her for 7 months (not sure if that was SM or CPS). I assume it was during the time she was hospitalized but I don't have specific dates of that - so not sure.

Bolded mine..
I don't know about Washington but that's not true in TN, NC OR VA.

 

[not_my_kids]

Unlike the HIPAA Privacy Regulations, Washington State law does not have an exception
allowing disclosure of PHI to law enforcement to identify or locate a suspect, fugitive, material
witness, or missing person.**As a result of the more stringent Washington State law, hospitals
may disclose PHI concerning identification or location of a suspect, fugitive, material witness,
or missing person only if the disclosure fits within another exception.**This means the disclosure
must be:**(1) based upon specific injuries to the person,
or (2) based on a reasonable belief that
the disclosure will avoid or minimize an imminent danger to the health or safety of the patient
or any other individual;
or (3) limited to directory information, including a one‐word
condition and patient location,
if the patient is asked for by name, and the patient has not
opted out of the directory;
or (4) regarding a patient who was brought or caused to be brought
to the hospital by fire, police, sheriff, or other public authority and the information disclosed is
limited to the name, address, age, gender, and type of injury.
http://www.wsha.org/files/62/HIPAA_Guide_2010.pdf

I take that back, since this is WA state, police would not necessarily know if she is in the hospital. HIPPA does not have that exception in WA state, so if she were admitted, and left her name off the directory, LE would not be informed, nor would they be able to find her name on a patient list.

 

[stilettos]

Bolded mine..
I don't know about Washington but that's not true in TN, NC OR VA.

Nor in FL or GA

 

[jjenny]

Yes, the police would know, but they would not be able to tell the general public at a presser. I never said that LE wouldn't know.

Again, HIPPA laws don't apply to police and wouldn't prevent them from telling whatever it is they want at presser.

 

[BritsKate]

Children are not assigned a GAL/CASA unless they become "dependents of the State" (ie: placed in foster care). I still do not have confirmation that these kids ever went into foster care. I do know that JB made the allegation that someone kept the children from her for 7 months (not sure if that was SM or CPS). I assume it was during the time she was hospitalized but I don't have specific dates of that - so not sure.

It appears to me that the kids lived with SM during that 7 months prior to the "exchange from hell" recording and then soon after JB alleged sexual abuse and physical abuse and filed restraining orders for herself and her children. From the records, it appears that those restraining orders were reissued each time they ran out (ie: every 30 days).

BBM
Is this state by state? My children were appointed a guardian ad litem after I requested relocation and my ex contested. They were never dependents of the state but an independent assessment was necessary, according to the court, to determine the best interests of the children. Just curious.

 

[Camille]

2005 Washington Revised Code RCW 26.12.175: Appointment of guardian ad litem — Independent investigation — Court-appointed special advocate program — Background information — Review of appointment.
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(1)(a) The court may appoint a guardian ad litem to represent the interests of a minor or dependent child when the court believes the appointment of a guardian ad litem is necessary to protect the best interests of the child in any proceeding under this chapter. The family court services professionals may also make a recommendation to the court regarding whether a guardian ad litem should be appointed for the child. The court may appoint a guardian ad litem from the court-appointed special advocate program, if that program exists in the county.

http://law.justia.com/codes/washington/2005/title26/26.12.175.html