WV WV - Aliayah Lunsford, 3, Lewis Co., 24 Sep 2011 - # 9

[wvsmallfry]

while I didn't read all 203 pages, and just skimmed.....
If I'm understanding this correctly, the twins will go into a foster home after birth. If a family member wants custody they would have to go through the procedure of becoming foster parents first....and then petition to have the children in their care?

I'm not certain and I could be completely reachin with this BUT they may not have to be certified as FPs to take the twins in. When my mother passed a few years ago my aunts got custody of my siblings since my dad hadn't really been in the picture for years. They never went through any process to get custody other than to say they were willin and wanted them and to give him a less-than-half-hearted chance to object. With the circumstances bein so much different it could be completely irrelevant but I just wanted to give one perspective where it MIGHT be possible for them to be placed with fittin family. And it never hurts to TRY regardless. God Bless this baby and those that love her. You all are continually in my prayers.

 

[Arabella83]

On post #516 someone posted the text of a letter from Eric Harris to his wife regarding him taking a paternity test in October and LL obsession with him. Here's the link: http://www.topix.com/forum/city/weston-wv/TN0CGAR2DNP0SB623/p26

 

[Paulette]

When does the hinky meter hit max? At the 911 call. Why insert that the father of a missing child isn't the one living in the home? It would sound to me like the person making the 911 call was deliberately trying to deflect suspicion from an obvious target.

Since there is no DNA from the missing child, it can't be proven whose child it is. There are the child's shoes and clothes - DNA can be captured from them.

 

[lynnb]

By the looks of the media clips I've seen from the prayer vigil yesterday, it doesn't look like many people were in attendance. maybe 15-20? I thought there would be more people there and was surprised to see there wasn't.

 

[wvsmallfry]

I've read some opinions that Aliayah may have been taken to cause her mother maximum pain over drugs. I'm thinkin not so much cause it doesn't seem to phase her that she's gone and I'd think those types of people (people who would snatch a baby for a debt) would be shrewd enough to see when and if that would work. JMO

 

[Mjskit]

I'm not certain and I could be completely reachin with this BUT they may not have to be certified as FPs to take the twins in. When my mother passed a few years ago my aunts got custody of my siblings since my dad hadn't really been in the picture for years. They never went through any process to get custody other than to say they were willin and wanted them and to give him a less-than-half-hearted chance to object. With the circumstances bein so much different it could be completely irrelevant but I just wanted to give one perspective where it MIGHT be possible for them to be placed with fittin family. And it never hurts to TRY regardless. God Bless this baby and those that love her. You all are continually in my prayers.

You are right. Family and close friends do not have to be certified before taking a child. A lot of leeway is granted family members that resource foster homes do not get because it is ALMOST always best for the child to be with family.

 

[seabilly]

I've read some opinions that Aliayah may have been taken to cause her mother maximum pain over drugs. I'm thinkin not so much cause it doesn't seem to phase her that she's gone and I'd think those types of people (people who would snatch a baby for a debt) would be shrewd enough to see when and if that would work. JMO

wvsmallfry, we all think and believe that a mom is not going to something like this to her child. You would think that if someone took your child you would do anything and I mean anything to save that child. However I don't even think that the drug dealer would have thought that leana really don't give a crap. She is living life free of; bottles, dirty dapper, bathing the kids, feeding the kids, 5 now 7 kids worth of dirty clothes, the questions, and the crying. No if a drug dealer did this he screwed up. He choose the 1 or the 1 in a small few of moms in wv that doesn't care that her child is missing.:sick::rollercoaster::crazy:

 

[seabilly]

You are right. Family and close friends do not have to be certified before taking a child. A lot of leeway is granted family members that resource foster homes do not get because it is ALMOST always best for the child to be with family.

Just wondering. I'm from sc. Here from what I've hear (haven't researched this) that the parent in most cases have a right to tell CPS they don't want their child to go with the family. Is this true for wv. Also if it is truth then won't that make sense as to why the family doesn't have the kids. From what I have seen (and I could be wrong) that Joann and Branda are in bad health. I'm almost sure someone, (maybe Jesse and Randy) said Joann is in bad health. So CPS may have chosen that it is not best to put the child in PC. I'm not trying to dampen morale for Aliayah, I'm just saying they may be looking down the road in a few years. If Joann is in bad health, then she come passaway in the next few years and the kids will be sent off with someone else she doesn't know. Also she may have told CPS that she does not what the kid to be around the rest of them. In most cases the whole goal is to get the parent help for the problems they are having and they would want to do anything that would stand in the way of putting the family back together. This is just my opinion as to what could have happen. I hope I didn't offend anyone. Wishing, hoping, and prying that you come home soon. We all love you. One of my wishes is to met you in person one day. I would like to talk to you, I would love to see for myself how smart and wonderful you are. :banghead:I also wish for you to be reunited with your brothers and sisters.

 

[Mjskit]

Just wondering. I'm from sc. Here from what I've hear (haven't researched this) that the parent in most cases have a right to tell CPS they don't want their child to go with the family. Is this true for wv. Also if it is truth then won't that make sense as to why the family doesn't have the kids. From what I have seen (and I could be wrong) that Joann and Branda are in bad health. I'm almost sure someone, (maybe Jesse and Randy) said Joann is in bad health. So CPS may have chosen that it is not best to put the child in PC. I'm not trying to dampen morale for Aliayah, I'm just saying they may be looking down the road in a few years. If Joann is in bad health, then she come passaway in the next few years and the kids will be sent off with someone else she doesn't know. Also she may have told CPS that she does not what the kid to be around the rest of them. In most cases the whole goal is to get the parent help for the problems they are having and they would want to do anything that would stand in the way of putting the family back together. This is just my opinion as to what could have happen. I hope I didn't offend anyone. Wishing, hoping, and prying that you come home soon. We all love you. One of my wishes is to met you in person one day. I would like to talk to you, I would love to see for myself how smart and wonderful you are. :banghead:I also wish for you to be reunited with your brothers and sisters.

Sure a parent can request where the children go. They can also request where the children do not go. What usually happens, in my case as others I know of, is the person CPS files petition against accuses other family members of turning them in. The accused slanders suspected family and close friends which in turn keeps CPS from placing the children with them until proven to be lies.
The extended family members who have never met Aliayah and therefore were not close would not be given preference for placement of the children. A kinship/relative placement means the child has bonded with that person. They do NOT have to be related.
LL's mother had the best chance of getting the children because they lived with her for X amount of time. Why didn't CPS place them with her? Only the courts know.
WV Supreme Court ruled that IF a grandparent passes a home study, then the the grandparents are to be considered first. As always it is what is in the best interest of the child/ren. There must be a good reason the children were not placed with her.

 

[wvsmallfry]

LL's mother had the best chance of getting the children because they lived with her for X amount of time. Why didn't CPS place them with her? Only the courts know.
WV Supreme Court ruled that IF a grandparent passes a home study, then the the grandparents are to be considered first. As always it is what is in the best interest of the child/ren. There must be a good reason the children were not placed with her.

I wonder if the reason that they weren't placed with G'ma is because it would be too hard to supervise how often they would see LL. Just sayin.

 

[Mjskit]

I wonder if the reason that they weren't placed with G'ma is because it would be too hard to supervise how often they would see LL. Just sayin.

Could be. Maybe CPS thought LL mother would allow her to take the children places, would not give proper supervision, was not healthy enough, was so overwrought with grief over Aliayah that she was not able to care for the others, AND maybe (what I think is why IMO) LE needs to keep the children isolated so they are safe and able to give a statement about their home life and what became of Alaiyah.

 

[wvsmallfry]

It may take a while for them to feel comfortable/secure enough where they are to open up. I feel so horrible for the ones that love this little girl. So sad.:anguish:

 

[seabilly]

Thanks you guys for the helpful information. I thought the parent could request a family member. It also would make since that the CPS would be scared to place the children with joann. I'm sure that would be a whole can of worms; not making LL follow the rules for visits, kids not feel safe enough to talk to LEs, and things like that. Also the great aunt the other don't know Aliayah any better than we do...(no hard feelings, just going by what I understand in these post). I'm sure if they haven't seen her in a while they haven't seen the others for a while. So it could be hard on them going to stay with these family members they don't know. So I guess that would leave they to just choose which home they would think would be the best. Thanks again for the info

 

[Mjskit]

Thanks you guys for the helpful information. I thought the parent could request a family member. It also would make since that the CPS would be scared to place the children with joann. I'm sure that would be a whole can of worms; not making LL follow the rules for visits, kids not feel safe enough to talk to LEs, and things like that. Also the great aunt the other don't know Aliayah any better than we do...(no hard feelings, just going by what I understand in these post). I'm sure if they haven't seen her in a while they haven't seen the others for a while. So it could be hard on them going to stay with these family members they don't know. So I guess that would leave they to just choose which home they would think would be the best. Thanks again for the info

And in a foster home the children will not hear anything negative about their family, will not be asked any questions and be disciplined with kindness not violence.

 

[Sharedspirit]

I remember someone saying that the police were going to let grandma have the girls before CPS showed up. Has that been confirmed? Sorry if this is a rumor. I'm having a really hard time keeping facts seperate from rumors.

If you look at this drug bust from this weekend (one of many involving children), the story states that the state police allowed the grandparents to take the child if she agreed to get the child a medical evaluation.

http://www.wsaz.com/news/headlines/Police_Arrest_Eight_in_Sissonville_Meth_Bust_133758563.html

A child was inside the home at the time of the bust. State police released the child to grandparents, with instructions to get immediate medical care to make sure the child was alright.

Wouldn't the state police be required to notify CPS in a situation like this? Why was this child allowed to go with a grandparent but others aren't? We need some serious evaluation of policy & procedures. I read every major news site in WV everyday and the rate of children being exposed to crimes is going through the roof!

 

[Westinlund]

I remember someone saying that the police were going to let grandma have the girls before CPS showed up. Has that been confirmed? Sorry if this is a rumor. I'm having a really hard time keeping facts seperate from rumors.

If you look at this drug bust from this weekend (one of many involving children), the story states that the state police allowed the grandparents to take the child if she agreed to get the child a medical evaluation.

http://www.wsaz.com/news/headlines/Police_Arrest_Eight_in_Sissonville_Meth_Bust_133758563.html

A child was inside the home at the time of the bust. State police released the child to grandparents, with instructions to get immediate medical care to make sure the child was alright.

Wouldn't the state police be required to notify CPS in a situation like this? Why was this child allowed to go with a grandparent but others aren't? We need some serious evaluation of policy & procedures. I read every major news site in WV everyday and the rate of children being exposed to crimes is going through the roof!

One of the major problems we see here in WV is that each county DHHR/CPS office acts as it's own entity. And as such, they all interpret the laws and regulations differently. In Upshur and other counties, if the child is in imminent danger, CPS has taken action and removed children even before LE got on scene. In several counties, CPS will not take action and file court petitions to take the children. This has resulted in several deaths and severe injuries, but yet the county CPS offices continue to follow their local procedures.

That is why the Aliayah Law petition was created, to force DHHR/CPS to develop regulations that all offices follow equally.

 

[Sharedspirit]

One of the major problems we see here in WV is that each county DHHR/CPS office acts as it's own entity. And as such, they all interpret the laws and regulations differently. In Upshur and other counties, if the child is in imminent danger, CPS has taken action and removed children even before LE got on scene. In several counties, CPS will not take action and file court petitions to take the children. This has resulted in several deaths and severe injuries, but yet the county CPS offices continue to follow their local procedures.

That is why the Aliayah Law petition was created, to force DHHR/CPS to develop regulations that all offices follow equally.

The agency I worked for covered three counties north/west of Lewis. Each county's CPS case managers did interpret the laws differently because of the way local judges interpreted the law. Those judges have a lot of power and everything is behind closed doors. So there is no way for the general public to know what is going on unless the families speak out. And who is going to believe a family who is accused of abusing their children? CPS case managers don't have a lot of clout around here either because of the huge number of families who have been harassed unjustly.

Some children are removed who shouldn't be and some not removed who should be.

 

[Vickie Bowen]

Sure a parent can request where the children go. They can also request where the children do not go. What usually happens, in my case as others I know of, is the person CPS files petition against accuses other family members of turning them in. The accused slanders suspected family and close friends which in turn keeps CPS from placing the children with them until proven to be lies.
The extended family members who have never met Aliayah and therefore were not close would not be given preference for placement of the children. A kinship/relative placement means the child has bonded with that person. They do NOT have to be related.
LL's mother had the best chance of getting the children because they lived with her for X amount of time. Why didn't CPS place them with her? Only the courts know.
WV Supreme Court ruled that IF a grandparent passes a home study, then the the grandparents are to be considered first. As always it is what is in the best interest of the child/ren. There must be a good reason the children were not placed with her.

ya think MAYBE CPS did not consider grandmother because SHE has NOT spoken out for, attended ANYTHING the community or the extended family has done to draw attention to Aliayah, searched for , made a plea for her return, or anything else. Perhaps she is showing just how much she cares about her grandchildren by these things she has NOT done. ANd MAYBE CPS feels the children would NOT be loved and protected by her.JMO

 

[Vickie Bowen]

Vickie, my heart goes out to you and your sister and brothers, and my prayers are with you all as well as prayers for Aliyah. You are showing everyone that you love and care for this child. Please don't give up, we encourage and support you. I live in Texas, so I can't be there for you, but my thoughts and prayers will be with you. God Bless you all.

I will NEVER give up!!!!!!!!NEVER

 

[Mjskit]

The agency I worked for covered three counties north/west of Lewis. Each county's CPS case managers did interpret the laws differently because of the way local judges interpreted the law. Those judges have a lot of power and everything is behind closed doors. So there is no way for the general public to know what is going on unless the families speak out. And who is going to believe a family who is accused of abusing their children? CPS case managers don't have a lot of clout around here either because of the huge number of families who have been harassed unjustly.

Some children are removed who shouldn't be and some not removed who should be.

You are so right and so is Westinlund. Where I live, it seems, losing your children depends on who you are. If one collects benefits from DHHR the kids are gone in a heartbeat. If you are completely self-sufficient you can leave fingertip bruises on arms and lock them in a closet, break their arms, etc. ( a few cases I know where the kids were never removed ).

It does depend on the CPS worker and the Judge in each county. It should not be like that. But then again, I think it should be the same time for the same crime no matter who you are.

And, when children are removed and never given back, either relinquished or rights terminated, why are the parents not prosecuted for the abuse? Because CPS does not have the same rules as LE. With LE there has to be evidence, with CPS rumor will do. Okay, maybe I overstepped but it sure seems that way around here. Kids are taken for no justifiable reason and some that need the protection never get it.