9 Year Old Begs to go Home

[Sven Mjolnir-Cohen]

As I best understand it, there is a law in Tennessee that allows a parent to lose parental rights because of "abandonment by incarceration" if the prison sentence is 15 years or more. That was the basis the foster parents used to get his rights terminated.

Not exactly.

If you read the court case that voided the adoption, you will find that the original judge did rule that Sonya was "abandoned by incarceration".

However, the Hs' attorney did not ask that Sonya be found abandoned on those grounds, but rather be found as simply abandoned - where a different law applies.

The judge who voided the adoption ruled that a judge cannot make a ruling that does not reflect the pleadings of either party - and since no one asked that Sonya be found to be "abandoned by incarceration" - the judge erred in applying this statue.

In other words, the Hs' attorney failed to utter the appropriate ritual formulae. Since the courts are primarily abound ritual rather than substance, failure to perform appropriate ritual is a major faux pas.

 

[hopingicanhelp]

"The guardian said Sonya has “good days and bad days,” and wants to come back to Tennessee, but doesn't want to be involved in any more litigation. “She wants to come back but is conflicted,” the guardian said. “I believe she loves both families.” "

From https://www.facebook.com/WDKN1260AM/posts/10152065057946482 (WDKN 1960AM Radio) - This is from April 2nd.

Snipped by me.... sounds perfectly reasonable. She was sent to live with bio dad and begged to go home -- she doesn't want her business talked about in front of friends at school and felt betrayed that parents went on national TV and is upset... SHE IS ONLY NINE!!! Of course she is conflicted.

While I believe a child of this age should be given an opportunity to verbalize & express what they "want," I don't think it should ever be put to them as an "either/or" -- it's too much pressure, guilt, & fear for a child to face knowing they have to make a PERMANENT decision. It's too bad that more adults can't be adults -- if the court could just make a decision in her best interests and then highly encourage (if not require) visitation and/or communication with the other party???? This child has been through so much already -- she needs a home and a feeling of permanence that things won't be yanked away again -- but it doesn't mean cut her off from people she loves.

System is just screwed.

 

[Sunshine95]

I may be missing something, but if I understand it correctly, a person needs a masters degree plus supervised experience to be a professional counselor, including in Nebraska. Please let me know if I am mistaken, I find it very interesting, thanks!
http://www.allpsychologycareers.com/counseling-certification/nebraska-counseling-certification.html

 

[PaulaSB]

Snipped by me.... sounds perfectly reasonable. She was sent to live with bio dad and begged to go home -- she doesn't want her business talked about in front of friends at school and felt betrayed that parents went on national TV and is upset... SHE IS ONLY NINE!!! Of course she is conflicted.

While I believe a child of this age should be given an opportunity to verbalize & express what they "want," I don't think it should ever be put to them as an "either/or" -- it's too much pressure, guilt, & fear for a child to face knowing they have to make a PERMANENT decision. It's too bad that more adults can't be adults -- if the court could just make a decision in her best interests and then highly encourage (if not require) visitation and/or communication with the other party???? This child has been through so much already -- she needs a home and a feeling of permanence that things won't be yanked away again -- but it doesn't mean cut her off from people she loves.

System is just screwed.

How can she have permanence when the family who went out to steal her wont let her. The nanny's mother, cousin to Kim Hodgins decided she didn't like the father and called the sheriff (who on her facebook page describes being like sister to KM) told him he would be arrested if he tried to get his daughter back. THREE months after being made foster parents they first tried to adopt her before he got into trouble with the law and while dcs where trying to get her with grandmother. that to me shows that they wanted to take her anyway they could it was a kidnapping helped by small town politics and that should never be rewarded. As for verbalising it in court that wont happen as the Bring sonya home mob would be to scary for the child imagine trying to say anything with a group like baying at you there is now also the case of Elle Vaughen. She was taken into foster care because her mum's drug habit. She has now had parental rights terminated, father is in prison for assault so now his are to be terminated but his brother the child's uncle who had just left college when she was taken into foster care has applied (using IWCA but washington law calls for family first as well) to take her from foster care to raise her. He is now married and is in a place to raise her when two years ago when he first put in interest he wasn't (just out of college no job no way to support family) but the foster parents are doing the whole bring elle home with the fundraising and the slagging off of family because their intent when they became foster parents was to adopt not foster. Too many people wanting to take children from parents because the number of babies being put up for adoption is (fortunately) dropping and international adoption numbers dropping because other countries not happy at the way too many children are being rehomed without legal protection (http://www.reuters.com/investigates/adoption/#article/part1)
have a look at the reuters article it shows that one child being advertised for re homing after being in America for 5 days. So countries are now banning american adoptions like Russia has done, and when you look at why russia has banned it it turns out that at least 20 children adopted to america have ended up dead.

 

[hopingicanhelp]

How can she have permanence when the family who went out to steal her wont let her. The nanny's mother, cousin to Kim Hodgins decided she didn't like the father and called the sheriff (who on her facebook page describes being like sister to KM) told him he would be arrested if he tried to get his daughter back. THREE months after being made foster parents they first tried to adopt her before he got into trouble with the law and while dcs where trying to get her with grandmother. that to me shows that they wanted to take her anyway they could it was a kidnapping helped by small town politics and that should never be rewarded. As for verbalising it in court that wont happen as the Bring sonya home mob would be to scary for the child imagine trying to say anything with a group like baying at you there is now also the case of Elle Vaughen. She was taken into foster care because her mum's drug habit. She has now had parental rights terminated, father is in prison for assault so now his are to be terminated but his brother the child's uncle who had just left college when she was taken into foster care has applied (using IWCA but washington law calls for family first as well) to take her from foster care to raise her. He is now married and is in a place to raise her when two years ago when he first put in interest he wasn't (just out of college no job no way to support family) but the foster parents are doing the whole bring elle home with the fundraising and the slagging off of family because their intent when they became foster parents was to adopt not foster. Too many people wanting to take children from parents because the number of babies being put up for adoption is (fortunately) dropping and international adoption numbers dropping because other countries not happy at the way too many children are being rehomed without legal protection (http://www.reuters.com/investigates/adoption/#article/part1)
have a look at the reuters article it shows that one child being advertised for re homing after being in America for 5 days. So countries are now banning american adoptions like Russia has done, and when you look at why russia has banned it it turns out that at least 20 children adopted to america have ended up dead.

So.... are you telling me that you are personally involved/knowledgeable of this case?

I stand by what I said -- she has been through a lot. She probably does love them all. She is probably conflicted. It's still too much for a nine year old to have pressure to be THE decision-maker. And the system is screwed -- above, beyond, and all around this case, it's very messed up.

Beyond that, I wish I had all the answers -- if so, and if I could get people to listen, it would solve a lot of problems for a lot of kiddos.

 

[K_Z]

Well, I know a few things. This particular case has absolutely nothing to do with Russia or international adoption. All of that in the above post is simply distracting and irrelevant hyperbole, IMO. As both a mom of an internationally adopted child, and previously very deeply involved with Russian adoption, this case just has nothing to do with either Russia (not as simplistic a situation as the poster above has indicated), nor international adoption. So let's all agree to leave Russia and international adoption out of this discussion, ok?

What is abundantly clear is that this child was "returned" (I prefer abducted by the legal system) to the bio-dad/ DNA donor, who has a perfectly awful history, on nothing more than a legal and DNA- donor technicality (IMO-- that could have been delayed for more appropriate investigation) where he pleaded down a very serious felony criminal charge by giving information on a MURDER that he had WITHHELD. That doesn't qualify him for father of the year, anywhere, nor does it qualify him to parent a 9 yo child, or invoke any kind of good character. He is "father" to this child only by accident of his DNA.

IMO, this child was improperly ripped from the only real home and parents she ever had, to be plunged into squalor, abject poverty, and a wholly unsavory, and unsuitable lifestyle with her felon DNA-donor. There is absolutely nothing-- not a single thing, about this situation that has the best interests of the CHILD in mind. Her life is pretty much ruined by this judge's decision, IMO-- and I will not apologize for that opinion. She has a bleak future, at best. She will be lucky to even live to age 18-21, and has an extremely bleak and depressing outlook for her life beyond that. Statistics don't lie.

The ONLY chance she had for any kind of a good and satisfying life, free of crime, drugs, and poverty, was with her adoptive parents, IMO. And that's gone, now. Another throw away child, with potential and a full life, now on a path to abject poverty and ruin with her felon DNA-donor. IMO.

Exquisitely and profoundly unfair to this child, who should have some rights to her own best interests, and a safe childhood. IMO.

 

[Linda7NJ]

Well, I know a few things. This particular case has absolutely nothing to do with Russia or international adoption. All of that in the above post is simply distracting and irrelevant hyperbole, IMO. As both a mom of an internationally adopted child, and previously very deeply involved with Russian adoption, this case just has nothing to do with either Russia (not as simplistic a situation as the poster above has indicated), nor international adoption. So let's all agree to leave Russia and international adoption out of this discussion, ok?



What is abundantly clear is that this child was "returned" (I prefer abducted by the legal system) to the bio-dad/ DNA donor, who has a perfectly awful history, on nothing more than a legal and DNA- donor technicality (IMO-- that could have been delayed for more appropriate investigation) where he pleaded down a very serious felony criminal charge by giving information on a MURDER that he had WITHHELD. That doesn't qualify him for father of the year, anywhere, nor does it qualify him to parent a 9 yo child, or invoke any kind of good character. He is "father" to this child only by accident of his DNA.



IMO, this child was improperly ripped from the only real home and parents she ever had, to be plunged into squalor, abject poverty, and a wholly unsavory, and unsuitable lifestyle with her felon DNA-donor. There is absolutely nothing-- not a single thing, about this situation that has the best interests of the CHILD in mind. Her life is pretty much ruined by this judge's decision, IMO-- and I will not apologize for that opinion. She has a bleak future, at best. She will be lucky to even live to age 18-21, and has an extremely bleak and depressing outlook for her life beyond that. Statistics don't lie.



The ONLY chance she had for any kind of a good and satisfying life, free of crime, drugs, and poverty, was with her adoptive parents, IMO. And that's gone, now. Another throw away child, with potential and a full life, now on a path to abject poverty and ruin with her felon DNA-donor. IMO.



Exquisitely and profoundly unfair to this child, who should have some rights to her own best interests, and a safe childhood. IMO.

Bravo!

I was going to reply to that post...but you nailed it!


Sent from my iPhone using Tapatalk

 

[hopingicanhelp]

Well, I know a few things. This particular case has absolutely nothing to do with Russia or international adoption. All of that in the above post is simply distracting and irrelevant hyperbole, IMO. As both a mom of an internationally adopted child, and previously very deeply involved with Russian adoption, this case just has nothing to do with either Russia (not as simplistic a situation as the poster above has indicated), nor international adoption. So let's all agree to leave Russia and international adoption out of this discussion, ok?

What is abundantly clear is that this child was "returned" (I prefer abducted by the legal system) to the bio-dad/ DNA donor, who has a perfectly awful history, on nothing more than a legal and DNA- donor technicality (IMO-- that could have been delayed for more appropriate investigation) where he pleaded down a very serious felony criminal charge by giving information on a MURDER that he had WITHHELD. That doesn't qualify him for father of the year, anywhere, nor does it qualify him to parent a 9 yo child, or invoke any kind of good character. He is "father" to this child only by accident of his DNA.

IMO, this child was improperly ripped from the only real home and parents she ever had, to be plunged into squalor, abject poverty, and a wholly unsavory, and unsuitable lifestyle with her felon DNA-donor. There is absolutely nothing-- not a single thing, about this situation that has the best interests of the CHILD in mind. Her life is pretty much ruined by this judge's decision, IMO-- and I will not apologize for that opinion. She has a bleak future, at best. She will be lucky to even live to age 18-21, and has an extremely bleak and depressing outlook for her life beyond that. Statistics don't lie.

The ONLY chance she had for any kind of a good and satisfying life, free of crime, drugs, and poverty, was with her adoptive parents, IMO. And that's gone, now. Another throw away child, with potential and a full life, now on a path to abject poverty and ruin with her felon DNA-donor. IMO.

Exquisitely and profoundly unfair to this child, who should have some rights to her own best interests, and a safe childhood. IMO.

I agree that this never should have happened; I guess my questions is that now that it HAS... ?? And how can someone/we make that happen? Someone smarter than us (when it comes to practicing family law) should have had this solved by now, but unfortunately.... what needs to be done for this little girl who just wants to be home with certainty?

 

[Supernovae]

It angers me what the state has done to this child.

 

[jjenny]

Russia has now banned adoptions to pretty much every country. Russia doesn't approve of gay marriage. So all the countries in Europe that allow gay marriage got Russian adoption banned.
Not that it has anything to do with this case.

 

[Sven Mjolnir-Cohen]

I may be missing something, but if I understand it correctly, a person needs a masters degree plus supervised experience to be a professional counselor, including in Nebraska. Please let me know if I am mistaken, I find it very interesting, thanks!
http://www.allpsychologycareers.com/counseling-certification/nebraska-counseling-certification.html

In my neck of the woods (Ontario) basically anyone can call themselves a "counsellor" - since there is no legal definition of the term. Unless I am mistaken, this would be the case in most places in Canada or the USA. But there is a lot of local variation - especially in the USA.

"Psychotherapy" is a much more specific term - and that can only be provided by a clinical psychologist or a medical doctor (technically one does not have to be a psychiatrist, but it helps.)

If you Google "community college diploma in counselling" you will find a lot of two years programs in the field.

I have no specific knowledge of Nebraska in this regard. But even in Nebraska mental health counsellor might be a social worker, a clinical psychologist, or a psychiatrist - so saying someone is getting counselling remains somewhat vague.

 

[Steft50]

IMO there is one item at the top of a list why this father should not have had his parental rights restored and it's the one item I cannot get past. This is a man who was a partial owner in an adult business hiring UNDERAGE strippers. No one I know would find it anywhere near appropiate to hand the man a soon to be teenager. smh It's just wrong

 

[Nova]

..."Psychotherapy" is a much more specific term - and that can only be provided by a clinical psychologist or a medical doctor (technically one does not have to be a psychiatrist, but it helps.)....

Sven, there are other professions in the US that are licensed to offer psychotherapy without an M.D. or Ph.D. (even in the relatively pro-regulation states where I've lived as an adult (CA and NY)).

Psychiatric social workers and advanced practice nurses, to name but two, usually need an M.S.W.* to be licensed.

But I agree with your basic point that a 2-year degree alone does not a legitimate psychotherapist make. We should also note that licensing usually requires continuing education throughout one's career.

Here's an online article for those who want to understand the differences. (Like Sven, it cautions us that these terms are used imprecisely.)

http://psychcentral.com/find-therapist/chapter-4-professions-that-practice-psychotherapy/


_______

* M.S.W. = Master's in Social Work, usually a three-year program beyond the B.A.

 

[Reality Orlando]

I may be missing something, but if I understand it correctly, a person needs a masters degree plus supervised experience to be a professional counselor, including in Nebraska. Please let me know if I am mistaken, I find it very interesting, thanks!
http://www.allpsychologycareers.com/counseling-certification/nebraska-counseling-certification.html

Actually, someone can become an ordained minister (pretty easy to get) and offer counseling in most states.

 

[Sven Mjolnir-Cohen]

IMO there is one item at the top of a list why this father should not have had his parental rights restored and it's the one item I cannot get past. This is a man who was a partial owner in an adult business hiring UNDERAGE strippers. No one I know would find it anywhere near appropiate to hand the man a soon to be teenager. smh It's just wrong

Unfortunately both sides in this dispute make accusations the veracity of which is sometimes difficult to ascertain. I was not able to find any specific details on this, although the JM supporters' "These are lies, all lies, we are going to sue you" do not leave me with a good feeling.

Do you have any specifics on this?

 

[PaulaSB]

the mother of the babysitter who took her home for a "family emergency" (turns out there wasn't one), decided the father wasn't fit to have the child she worked for the Hodgins and let Sonya stay there most of the week. They rowed and the woman was sacked that is when the Hodgins decided that her home wasn't safe and they went to court to become foster parents. Three months later while child services where working with the grandmother they went behind their backs to try and adopt the child WITHOUT CHILD SERVICES PERMISSION then the father got into trouble, his sentence was reduced BEFORE the adoption went through which is why the court of appeal revoked the license (this is in court documents) so in 2009 they knew she was going to go to family not stay with them, they filed case after case including in 2012 filing a restraining order against Tennessee department of child services because they where going to move her to another foster family and would not be in her best interest and would cause them significant distress.
https://www.facebook.com/photo.php?fbid=677996112238358&set=pcb.677996378904998&type=1&theater
they have broken foster care rules again and again, what foster parent goes behind the back of child services THREE months after becoming foster parents (by the way because the original babysitter kidnapper's mother they got round the usual rules on "kinship" placement") they tried again and again and again to adopt a child who didn't need to be adopted (and no having money in a strip joint where the majority share owner wasn't careful enough about the age of the strippers is not a real reason to terminate), They have made money over and over again and published pictures of her and put her name and story in the press against the foster care rules of confidentiality and yet people fell for the nonsense and think that just because their cousin basically kidnapped her they deserve to have her back. Tennessee child services have said before IF they ever took her away from the father she would NOT GO back to the Hodgins because of their tricks. Lastly for these who think the grandmother wasn't fit because her son is a felon how come David Hodgins is then fit as his daughter is a felon?

 

[K_Z]

What I'm convinced of is that the guy who fathered this child was given her only by a legal technicality based on him withholding information he had about a murder. IMO, he is not fit to own a dog or cat, let alone be given responsibility for a living, breathing 9yo girl. He is her "father" only by an accident of DNA, IMO.

She was ripped from the only home, and the only parents she had ever know, to be placed with a recently paroled convicted felon to live in squalor and abject poverty. IMO, she will be extremely lucky just to live to age 18 in those conditions, and in that social situation. She has an extremely high risk of abuse, neglect, injury, exploitation, drug abuse, and a a large number of other terrible outcomes. Statistics don't lie. Any possibilities for a decent future, with job training or college, are pretty much gone for her now. She will be lucky to graduate high school. That judge completely ruined her life, IMO, when he "sentenced" her to live with that man in those conditions. Her present, and her future, are both bleak. She would be better off in foster care, IMO.

I hate to even say this, but her best option, IMO, is to tell a teacher or trusted adult the that she's going to run away from him. That would at least get the ball rolling on social services getting her out of that hell that the judge put her in. IMO.

 

[MyBelle]

What I'm convinced of is that the guy who fathered this child was given her only by a legal technicality based on him withholding information he had about a murder. IMO, he is not fit to own a dog or cat, let alone be given responsibility for a living, breathing 9yo girl. He is her "father" only by an accident of DNA, IMO.

She was ripped from the only home, and the only parents she had ever know, to be placed with a recently paroled convicted felon to live in squalor and abject poverty. IMO, she will be extremely lucky just to live to age 18 in those conditions, and in that social situation. She has an extremely high risk of abuse, neglect, injury, exploitation, drug abuse, and a a large number of other terrible outcomes. Statistics don't lie. Any possibilities for a decent future, with job training or college, are pretty much gone for her now. She will be lucky to graduate high school. That judge completely ruined her life, IMO, when he "sentenced" her to live with that man in those conditions. Her present, and her future, are both bleak. She would be better off in foster care, IMO.

I hate to even say this, but her best option, IMO, is to tell a teacher or trusted adult the that she's going to run away from him. That would at least get the ball rolling on social services getting her out of that hell that the judge put her in. IMO.

BBM. Do you have any links to support your claim that she is living in abject poverty and squalor? The only media articles I've seen is that she is in the legal custody of child services and that means she certainly would qualify for financial assistance, food stamps, energy assistance, medical care if her father's employment doesn't provide sufficient income. Her father must be doing something right if she's receiving straight A's in school. She's been with him over six months and is old enough to alert her attorneys if her situation is dire.

I'm not sure where you get the idea she or any child would be better off in living in a foster home with complete strangers. imo, a living arrangement with loving family--no matter their income--is far preferable to foster care strangers.

During the status hearing, two attorneys for Sonya McCaul said the 9-year-old is not only doing well in the Nebraska home she now shares with her birth father but that she is an A student and has no desire to return to Tennessee.

http://www.wkrn.com/story/25811022/sonya-hodgin-dickson-county-judge

 

[Linda7NJ]

I wish I had enough information to form an opinion...


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[PaulaSB]

What I'm convinced of is that the guy who fathered this child was given her only by a legal technicality based on him withholding information he had about a murder. IMO, he is not fit to own a dog or cat, let alone be given responsibility for a living, breathing 9yo girl. He is her "father" only by an accident of DNA, IMO.

She was ripped from the only home, and the only parents she had ever know, to be placed with a recently paroled convicted felon to live in squalor and abject poverty. IMO, she will be extremely lucky just to live to age 18 in those conditions, and in that social situation. She has an extremely high risk of abuse, neglect, injury, exploitation, drug abuse, and a a large number of other terrible outcomes. Statistics don't lie. Any possibilities for a decent future, with job training or college, are pretty much gone for her now. She will be lucky to graduate high school. That judge completely ruined her life, IMO, when he "sentenced" her to live with that man in those conditions. Her present, and her future, are both bleak. She would be better off in foster care, IMO.

I hate to even say this, but her best option, IMO, is to tell a teacher or trusted adult the that she's going to run away from him. That would at least get the ball rolling on social services getting her out of that hell that the judge put her in. IMO.

The technicality is the constitution of America not to be ignored because you want a second chance with a daughter after failing your biological one so badly. As for the rest really that is mad saying that she wont graduate high school no chance of decent future and will be dead by 18. David Hodgins did such a wonderful job of raising his daughter she is a meth head and felon whats his excuse.