One thing I can't get out of my mind with the L&O episode . . . in the end the Mom was considered to be a kind and caring mom as the child was buried with a blanket and favorite toy. I imagine JB wants to be thought of as the kind and caring Mom . . . also the child in the L&O episode died of SIDS . . . thus leaving the parents to not be prosecuted for falsly reporting as "they had suffered enough".
I am still trying to wrap my head around the timelines. If the children were removed by CPS for child endangerment for 7 months . . . the parents would be offered services to help ameliorate the issues that brought the children into care. The recorded audio tapes appear to be from a "facilitator" from an agency . . . although I am unaware of any agency that actually audio records the exchanges. It could be that the audio tapes were made by the facilitator and were done to protect the "facilitator". It made me sick that this person did not want to peel MM out of JB's arms as it was too emotional for the "facilitator"! How about being too emotionally traumatizing to the child???? Often a visitation facilitator only requires a high school education, and they are not therapists. Clearly, the exchanges should have been referred to a therapeutic setting in an effort to help the parents teach the children to "regulate" their emotions . . . not amp them up (which was clearly what JB was doing). The exchanges should have not included the parents being face to face (especially if there was a restraining order in place at the time).
If the children were removed from the parents for the Target incident by CPS . . . the parents would have supervised visits @ a visitation center usually. If there were allegations of no food, severe OCD, not allowing MM the kids to get up until 2:00 pm, etc . . . CPS would have to see the home an ensure those issues are no longer a threat to the kids before being able to allow the children back in the parent(s) home fulltime. Also a GAL/CASA would have been assigned to the children to represent them in court.
All I was able to glean from the audio tapes was that JB was unable to have the children in her care for 7 months prior to those (ie: Feb or Mar 2010). Dad was unable to have access to the kids since 12/2010, but it appears the Mom had custody at that time. The marathon mediation (which is completely unheard of among professional mediators that I am familiar with), sounds as if JB could easily argue she was pressured into agreement.
If CPS returned the kids to JB, and then filed a "leave to proceed to Superior Court" to finish the parenting plan and divorce proceedings . . . CPS could close their case within 6 months of returning the kids to the home.
There are in home services called Family Preservation Services (FPS) to help families whose children are at high risk of being placed out of the home. FPS services in Washington State have been cut more than half due to no funding and the State being in such a tremendous debt. (there is no income tax in Washington but sales tax varies between 8.5% to 9% depending on the county).
If the children were not malnourished when SM made these allegations (if CPS ever heard them before closing their case), then CPS could not deem the allegations would be "founded". In Washington "neglect" must rise to the level of "imminent harm" before CPS can get involved. There must be evidence of harm in order to find the neglect was a founded referral. Many CPS workers in Washington have been trained that "imminent harm" translates to . . . ."is the child going to die tomorrow?".
There is a conflict between the two laws that govern CPS intervention (RCW and WAC) and the language about "neglect" doesn't match up . . . leaving the Attorneys to determine what they are willing to bring to court in front of a judge. Ultimately, it is a judges order that removes or return kids to their parents . . . not CPS.