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What does it cost to file a motion to intervene to get my neices.

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What does it cost to file a motion to intervene to get my neices. They are in foster care and the mothers rights have already been terminated, my brothers rights or the fathers will be terminated on May 26th. I and my husband are licensed relatives to recieve these children, but its like our hands are tied.

 

Joyce

Edited for Privacy

April 13, 2009

RE: MY TWO NEICES K AND T IN DHS F.C.-DHS OFFICE Iowa --case worker J H

T. Stone Sir: or

To whom this may concern:

My name is XXXXX XXXXX I am filing a complaint asking for an investigation of the Department of Human Services' actions in the case of K and T .

More pertaining to one J H their case worker at Iowa and the handling of their case with negligence, incompetence, unethical conduct, so on and so forth.

1. J H knowingly made misleading, deceptive, untrue or fraudulent representations in the practice of social work or engaging in unethical conduct or practice harmful or detrimental to the public.

2. J H knowing used untruthful statements falsely, deceptive and misleading to promote her and her foster care family who she is friends with to stop my nieces from being with relatives. She acts as if she has a relationship with the foster parents are they related to one another or something?

3. J H has been negligent by failing to have caring in her conduct for my two nieces or my family in general which has resulted in injury to the parties involved. The question of safety and injury to incompetent decisions based on her personal relationship with foster parents and children's mother has turned into a practice that one has to wonder why she has this position.

4. J H has practiced unethical conduct by verbally abusing and hurting family members involved with this case, she has ignored the family almost entirely due to engaging in a personal conflict of interest, improper suggestions, failure to notify family members involved with children of permanency decisions on purpose with lewd and improper remarks to family members.

5. J H has acted with professional incompetence due to a lack of knowledge or ability to discharge professional obligations within the scope of practice. She failed to contact relatives for these children. I by chance had called. She knowingly deviated from the standards of her duties to be the one and only to determine the best interest of these children and keeps placing these children by accusations of three people who have abused these two children or are abusers themselves.

6. J H has failed to exercise the degree of care which is ordinarily exercised by the average social worker acting in the same or similar circumstances. And she failed to conform to the minimal standard of acceptable and prevailing practice of licensed

social workers.

Come now there are many ways to transfer and adjust children who have been in foster care to kinship care for guardianship and hopefully adoption. Why would I and my husband not even be located or called or a letter written when these two children were removed from my brother.

My name according to their previous social worker in Marshalltown assured me that because both Kenny and Crystal at the time signed papers making it where this would occur. Due to the fact that Kenny and Crystal had problems that children do not need to be involved in. I WOULD BE CALLED OR NOTIFIED BY MAIL. NEVER WAS THIS DONE WHAT SO EVER SINCE THEY WENT INTO THE FOSTER CARE SYSTEM THIS TIME UNDER THE CARE OF DHS WORKER JAMIE HERD!

My first contact -----with Ms H was October 1st, 2008, 0847 ; October 3rd 2008, at 1431; by me attempting to contact her with no results from leaving several messages. Once I did speak with her for the first time, this was October 8th, 2008, she acted quite upset for the fact I wanted my nieces. A matter of fact she more or less told me of how great these foster parents were that they had placed the children with that I should just let the foster parents adopt my nieces. It would not be good for the girls to be taken from these foster parents that they had made a home for the girls. That since I did not know them and lived in Missouri. I told her well I guess you know best. At the same time my heart broke into trillions of pieces to have a conversation like this with this DHS worker. I didn't even know what to say to this person. It was like who gives a hoot who you are, who cares if you are a family member who wants the children. The conversation was more like I the DHS worker Jamie Herd have them where they need to be and where they will stay and be adopted. This was my first contact as a family member who had found out these two girls had been placed in foster care again and only found this out due to a letter I received from my brother from prison, not from DHS. I don't even know how long they have been there. My goodness DHS had no problem taking the girls out of my brothers custody and from C time and time again and from one foster home to another, why can't my nieces come be in a permanent home? How are these foster parents related to Ms Herd?

My second contact----October 9th, 2008, at 1452, I called her back the next morning after discussing this phone call with my husband and told Ms H I wanted my nieces. How do I get them. She stated I would have to have a home study and all kinds of things and that it wouldn't really matter what I did that they would not be coming to me since I lived out of state and that it was best for the children to stay with these foster parents. I told her I wanted to do the home study thing and whatever to obtain my nieces. She was not nice about the whole thing. Are these foster parents her friends or relation or something, cause I never thought placing children with their family was not done anymore. I also asked her where my nephew was-the two girls brother--she did not even know about a brother or his where about. Wouldn't you know where their brother is if you did the relative search properly and the intake interviews and all. I would say so. But Ms Herd has failed to contact or at least give them a chance of the other people involved in these girls life's and that is ALL OF THEIR BLOOD RELATIVES! AND IF BLOOD RELATIVES WOULD NOT BE INCLUDED HAS THE DNA TESTING BEEN ESTABLISHED THAT BOTH OF THE GIRLS ARE NOT MY BROTHERS CHILDREN AND MY NEICES!!

I mailed a letter to the two attorneys my brother had listed in one of his letters from the prison in Iowa. On November 10th, 2008 (exhibit one). From this letter the foster parents contacted my biological mother and told her that my brother's lawyer said I wanted the children. Is this what foster parents are suppose to do? Manipulation is not alright. I never heard back from these two lawyers. So just who told the foster parents this information, that I wanted the girls, which was then convehed to my biological mother by the foster parents? The lawyer or Ms H???(exhibit two). My brother has plainly stated his wishes without pressure for the children to all 3 come down here. ( exhibit three)

Ms. H lied about not knowing the where abouts of the brother of KaiCee and Trinity which is evident via the email from my biological mother due to the info came through DHS to the foster parent to my mother. Is Ms Herd receiving moneys or something to keep my neices in the foster care? (see exhibit four)

In the last part of October 2008 or beginning of November 2008 I was contacted finally by DHS but it was my DHS down here in Missouri about going through the procedures, etc for licensure of foster care to get my nieces pertaining to guardian ship that was requested by J H. ( One has to wonder if she ordered that on her own or after I mailed the letter to the lawyers as listed above in Exhibit one). So my husband and I and my family down here have done all required of us to obtain my nieces. Our case was approved by the Sate of Missouri February 2009. In March our worker came out and we have been doing courses and all waiting to hear when the two girls were coming. NO ONE CALLED FROM IOWA, NO ONE WROTE FROM IOWA.

Here we are down here in Missouri making our home ready for our nieces and making sure that everything is in place so their transaction to transferring here would be a smooth safe, caring, loving, and permanent transition for my nieces. We have gone far and beyond what a foster parent would do for the fact they are family. They have clothes, toys, their own bedroom newly decorated, huge swing set and playhouse. Friends galore already, a wonderful church and Sunday school to go to, and excellent school to go to that is rural school that has put more intellectual children into the world and received Accreditation with Distinction with Performance in the last three years in a row; we have excellent doctors and dentists , etc in our small town of 5600 is a wonderful Ozark mountain town with family. A wonderful place for these two girls to have a permanent home with family who love and care for them and would make sure that they knew who they were, that their parents nor DHS could hurt them like what has been occurring in Iowa.

My third contact---March 17, 2009, at 1155 , I made and a left message to J H again , and so did my Missouri DHS case worker with no return calls whatsoever. I and my case worker here in Missouri on April 6th conversed that neither of us had heard anything back from Ms. H. Something isn't right when you don't call back DHS especially Iowa and MO DHS is what I thought. Ms Herd had from March 17th 2009 to call me back. No call from Ms. H until I filed this complaint via email to the Director of DHS in Des Moines and the Director in the DHS in on April 9, 2009, at 0812. With in almost 1 hour at 0922 of emailing this complaint Ms Herd called me. She apologized for not getting back with me or my case worker due to a death in the family. I told her I had passed the Home study and all and wanted to know when I could come get the girls. She informed me that they had a Permanency meeting April 6, 2009 and she decided that the girls will be staying in the foster home that everyone wanted the girls to stay and live there. That my brother signed a paper in December and in April that it was best for the girls to be with the foster parents, that the foster parents and the girls had relations with a relative my internet and phone calls. That their hearing for Permanency was on the 21st of April. That I could have the foster parent name and contact my nieces that way. I declined the address ( due to the fact that when my nieces were in foster care before and I went and saw them I promised them I would come get them if this ever happened again. They wanted to leave with my daughter and I back in 2006 when I visited them in foster care-that was one of the hardest days of my life to have to leave my two nieces in Foster care cause they were suppose to go back to their mother). Ms Herd has quoted about the relation ship with the relative. Yes this relative is my biological mother who is in no way a person I would entrust to leave my children alone with. ( My mother thinks my brother and his father let alone these two girls are an embarrassment to her and her reputation. This woman has been known for abuse to her own three children one being these two girls Dad, as well as myself and my sister. This foster parent asked my mother for a letter for them so they can adopt the children. My mother and I have a full conflict of interest pertaining to these girls and my brother)(exhibit four) (There are many exhibits in this category).Ms Herd on the other hand has allowed contact upon my nieces without keeping them safe--she allows contact with people who hurt these children continuously, their mother C who time and time again abuses the mental capacity of these girls ( her rights should have been terminated years ago as well as my brothers), My Brother, and my mother who even knew about the way they lived and due to guilt and embarrassment and just not caring enough to remove them, is being allowed to have continual contact with these two girls . This is the logic Ms Herd is going by in her decision. That is what my nieces will continue with. Also from the letter my brother sent me from prison in Dec 2008 about DHS going into the foster home where the girls were being abused , did they investigate these people my nieces are with? Is this true and how many other times has DHS investigated these foster parents that my nieces are with? . I wrote my brother back and was blunt with him so in no interest to the girls but to get back at me he signed the girls to the foster parents that he had wrote me about in his letter that DHS had gone into about abuse to the girls. Ms Herd failed to contact me and my family at all about my brother's signing back whatever he signed to change his opinion. I find this pretty rude and not in good taste when Ms Herd knew we here in Missouri, that we were doing the home study and all that she ordered to get my two nieces. We were not notified by Ms Herd,(as she stated on the phone that April 9th 2009 ), that my brother signed one in December and in April. Why would you not do this, because you had a death in the family. Excuse me but yes, people do die we have this happen in all families, but to have known this in December would have been nice or in April, or March 2009 or anytime, let alone to have known about the Permanency Meeting or the Permanency Hearing that will be April 21st, 2009 in Iowa. I charge that Ms H would of never called me on the 9th of April if I would have not emailed a filed complaint. (Exhibit five)

I also charge that she, Ms H would allow my nieces to be adopted by her friends the foster parents who have them before contacting any other family members. Since 2006 I was put down by both K and C at that time as a place for these girls to live. My family has had no regard from Ms H when it is our family who out of their father, their mother, and even my mother done anything for my nieces like give them a good home, etc.

I am a Registered Nurse and have been in the Nursing Profession since 1980. My husband proudly served our country in Vietnam for the Big red One, worked for the West Virginia State Juvenile Division as well as a Deputy for the Sheriff before his retirement. Both of us want to know why this is occurring and who is allowing this nonsense from Ms H to continue. Our nieces are being abused both mentally and physically from these decisions being made. This is not right and is immoral, unethical, and down right wrong!

DHS is suppose to help the children and families.

I also asked Ms Herd if I could come to the hearing due to what Ms Herd decided with her friends the foster parents. Do I need a lawyer, would I be able to talk to the judge. She gave me a number.

I ask for your help, no I do not live in Iowa anymore, but I do not know who I can trust. I do not trust Ms Herd whatsoever due to the above. I would be more than glad to drive up to the girls hearing. Please help. I still do not know where their brother is, my nephew.

Thank you for your time,

 

Joyce the Aunt to K and T on their father's side

 

 

Submitted: 5 years ago.
Category: Family Law
Expert:  RayAnswers replied 5 years ago.
Thanks for your question. Here are free lawyers through legal aid. Contact the nearest on to Waterloo here and see if they will take you fo free.


http://www.iowabar.org/information.nsf/2b85a4ea12f4bfac8625669d006e27ab/1acd235a850127778625706f0015fa66!OpenDocument

Here is cheap lawyer referral through the Iowa state abr if legl aid won't take you. You get 1/2 hour here for $25. The local lawyer will give you an accurate fee quote and discuss your case here in depth.

The Iowa State Bar Association FIND-A-LAWYER service can assist you in your search. The service will supply you the name or names of lawyers who are willing to consult with for $25 for the first 30 minutes. If further legal services are needed, you and the attorney will negotiate the arrangement including the fee.

FIND-A-LAWYER is not a complete listing of all The Iowa State Bar Association members. It is a listing of those members who have agreed to take referrals through the FIND-A-LAWYER service.

Best of luck to you here in this tough situation.
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29257
Experience: 29 years as a family law lawyer .
RayAnswers and 8 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.

Are the courts in favor of the foster parents more then a relative if the fathers rights are terminated or do the courts let the foster parents get them

Expert:  RayAnswers replied 5 years ago.
Thanks for information. To me the courts favor relatives over foster parents. The children should know their relatives. It really goes to their sense of belonging here and the courts recognize that..I like your chances here compared to foster parents. Foster parents are really employees of the agency nothing more. They may think they are more valueable but when it comes down to it they are paid to take care of the children as caregivers. That would be your attitude at hearing here..
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29257
Experience: 29 years as a family law lawyer .
RayAnswers and 8 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
I was told by a person that the courts will rule with the DHS workers decision and go with the foster parents since they had bonded with my neices and that I don't know them. That if the foster parents want to adopt them they will get them over me wanting to adopt them since I have not had much time with them. And quoted ungodly retainer fee prices from 2500 and up. All I wanted was to bring my neices home. Never in my life did I know this kind of stuff was going on behind the scenes. They sure don't talk about this on the news do they. I feel that sure the foster parents have bonded but these are two bright girls and they will bond just as easily if not easier to be with real family even though we don't know each other well. The girls didn't really have much of a choice since DHS is who removed them and did not contact any other family members. And my daughter and son don't understand either why their cousins are not with us. Doesn't family mean anything anymore? I spoke with legal aide and they said that they didn't do that kind of stuff that I needed to go through the DHS or get a private attorney.
Expert:  RayAnswers replied 5 years ago.
You would need a private lawyer here. Nobody can tell you how a hjudge can rule here. I have seen relatives beat foster parents on more than one occasion. I agree with you "bonding" is overrated. They would bond with you again just fine. I would contest here as otherwise you may not get to see your grandkids here anymore..
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29257
Experience: 29 years as a family law lawyer .
RayAnswers and 8 other Family Law Specialists are ready to help you

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