Showing posts with label guardian at litem. Show all posts
Showing posts with label guardian at litem. Show all posts

Sunday, July 31, 2011

Jordan Cardella, Product of Child Welfare System


Odd twist on Cupid turns simply stupid


In a story that has gone viral, Jordan Cardella is being touted on the world wide web as stupid. He asked a friend to shoot him so that his ex-girlfriend would feel sorry for him and take him back. 

This isn't the first time Cardella asked a friend to injure him in order to obtain sympathy and to manipulate someone.

About ten years ago, Cardella was a child who was the subject of a child welfare case in Walworth County, Wisconsin. I worked on this case. I have observed the outcomes of Jordan's experiences as a direct result of that intervention. The outcomes for Jordan Cardella aren't pretty, but they are typical outcomes that children who are "protected" by the state experience. 

Walworth County touted the outcome of their intervention for Jordan Cardella as positive. I disagreed. Readers will note that Jordan is a felon. That is only the tip of the iceberg. Not credible proof of a job well done when one is bragging about the outcomes of child welfare interventions being positive. 

This is where I get to say I was right. Again. 

Jordan's mother was accused by the father--her ex-husband--of physically abusing Jordan. This was a transparent attempt to have a child support/custody dispute resolved in dad's favor by using child welfare to report mom for abuse and have the children placed with him, and then collect child support from mom. This happens all the time, and one would expect that the professionals who administer these cases could discern when they are being manipulated by parents. . . and children. The professionals in Walworth County demonstrated they do not posses the most basic discernment skills. That includes the bonehead judge, Carlson. 

Mom gave Jordan a spanking because he was threatening his older sister with a butcher knife when he was ten years old. Mom was charged with felony child abuse for that spanking. The story garnered international attention. Now, here's the rest of the story. . .

Mom gave the boy twelve swats with her left hand on his bare bottom, one for each year of his age and two to reinforce the lesson. There was no bruising at the time of the spanking. There were half a dozen adult witnesses to the spanking, and none reported that it was excessive or unreasonable. 

Left image filtered to make bruising look worse.
The district attorney, Phil Koss, insisted that mom caused serious bruising, and even took photos of the boy's bottom. Then he enhanced. . .aw, let's not pull punches, he tampered with the photographic images to make the bruising appear worse. See for yourself. These images come directly from the district attorney's file. The original photos were hidden in the back of the file and fell out right into my lap. (Incidentally, immediately after I filmed this tampered photographic evidence, I was approached by courthouse security officer Hausner who demanded I surrender my video tape. I refused and was arrested. I got the charges (disorderly conduct and obstruction) dropped, sued for false arrest, excessive use of force and more. . . and won.  Oh, and I got my tape back. We discovered the tampered evidence several years after the incident.) 

Back to the case. . .mom didn't cause that bruising. If you haven't already guessed, I conducted an investigation into this spanking incident and the administration of the child welfare civil case and the criminal case that arose out of that event.

The child welfare agency sided with dad, and recommended that Jordan be taken away from mom and placed with dad. Guardian ad litem, Frank Lettenburger, also sided with placing Jordan with dad, and went to great lengths to have mom convicted. It was a vendetta. But Lettenberger and the caseworker were adamant that the child's best interests were served by placing Jordan with dad, despite the record showing and multiple reports from reliable sources showing dad was a drug user and batterer. 

I received reliable reports that dad had coached Jordan to get mom to spank him, Jordan even bragged about it, taunting his mom. Then, out of the blue several years later, one of Jordan's little friends confessed to me that Jordan had told him to spank Jordan with a board to cause bruising. The friend did it, brutally beating Jordan's willing bottom with a board until it was bruised. And plucky little Jordan took the beating like a man. He then told dad mom spanked him, and dad reported it to the police. Mom was arrested and all her children placed in foster care. 

Koss used the tampered photographic evidence to coerce a misdemeanor plea bargain out of mom. She never saw the unaltered photos until I went to the courthouse several years later. But, Dad was ultimately charged with perjury arising out of his testimony about this event, and accepted a plea bargain to a lesser charge. Phill Koss was immune from liability for his prosecutorial misconduct. Mom got probation, but Jordan--and society--are the biggest losers. 

The dependency court, accepting the recommendations of child welfare and GAL Lettenberger, placed Jordan and his sister with dad. Lettenberger reported to the court that the children "are thriving in their father's home. . .doing well in school. . .have a number of friends, and are working through issue in counseling." The case was closed and nobody ever bothered to follow up on the welfare of the children. 

Jordan had learned his lessons well. Oh no, not the lessons his mom tried to teach him about proper conduct, responsibility and obedience, but the lessons his father and the professionals who administer child welfare taught him. 

He learned how to use the system to protect him from being corrected. He learned that even when the child lies, the professionals believe the child. His defiance escalated, and he became uncontrollable, engaging in bizarre, violent and dangerous conduct. Why not? He learned that he could tattle to the state if his parents tried to discipline him or correct him. He succeeded in having his way and having his mom thrown in jail when she tried to raise him to be a responsible adult. 

When Jordan turned fifteen, dad kicked the little monster he and Walworth County had created out of the house. Under Wisconsin child welfare laws, this constituted abuse and neglect, yet teflon dad never came under the scrutiny of child welfare. 

In order to survive on the streets of South Milwaukee, Jordan sold drugs, a skill he had reportedly learned from his dad. His felony conviction was for drugs. I won't even go into the rest of the illegal conduct that surround young Cardella's teenage years, but it was substantial. 

This begs the question. . .was that spanking a fork in the road? Would Jordan have turned out differently if Walworth County had not removed him from his mother because she spanked him? What if, instead of punishing mom for correcting Jordan, the state had supported mom? 

Certainly, if mom hadn't spanked him, he wouldn't have learned any lesson about not engaging in felony menacing and mom wouldn't have had her children removed and been thrown in jail. 

So, spank him and risk being arrested, don't spank him and be held responsible for his crimes because you didn't correct him? Does this sound fair or reasonable? Yet it is so. Parents are responsible for their minor children's criminal and tortious conduct, yet their hands are tied by the state from correcting them effectively. 

And what about dad? He is reportedly the laughing stock at work. I say, it couldn't happen to a more deserving guy. 

You see, he also falsely reported me for kidnapping his daughter when he had seen into my car and saw she wasn't there. He chased me through the streets of South Milwaukee while I was on the phone to the police. They police--complete with a damned paddy wagon--surrounded me, detained me, stated he had accused me of kidnapping his daughter, and questioned me before letting me leave the scene. So make fun of dad, he deserves it. 

But let's not forget those incredible professionals who insured a willfully disobedient boy had no chance to grow up with the proper values and lessons: Judge Carlson, Frank Lettenberger and Walworth County case worker Leslie Mollet--I won't even go into the offensive naked butt checks she did on the kiddies.

All these professionals who walked away patting themselves on the back for a job well done need to know just what they did, don't you think? Make them the same laughing stock that dad is, after all, Jordan is the fruit of their labors. 

Friday, May 27, 2011

Child Welfare Case Analysis #1-Newborn born at home.

This is the first of our regular columns analyzing an actual child welfare case. We will present the background and development of the case in this blog. The analyses of the case will be conducted on two web sites. The first analysis will be from the perspective of the legal professionals representing the parents and children and the judge on our Legal Resources Web site. The other analysis will be from the perspective of the parent on the American Family Advocacy Center web site.

Case Background:
County child welfare agency (CPS) receives a hotline call from a mandated reporter that Mr. & Mrs. Smith have a newborn who is severely dehydrated and has not gained any weight since being born a week ago. The reporter states the child was born at home and this is the mother's first birth.

CPS sends an intake caseworker 36 hours after the report is received. The parents permit the caseworker entry into the family home after the caseworker threatens to get a court order. The caseworker's report observes that the home is in disarray. The caseworker reports the mother (aged 19) appears tired and overwhelmed and that the child is listless and unhealthy looking. Mother says she is breastfeeding, but she has a difficult time getting the baby to nurse very long. Mother reports the baby was born at home, but the child was taken to the pediatrician within hours of the home birth, and was seen again by the pediatrician yesterday. She admits the baby has lost some weight but she is working on getting the baby to nurse better. Caseworker determines that the child is in immediate danger and takes physical custody of the child. She leaves the parents a notice of hearing in five days. The child is placed in foster care. The caseworker makes no arrangements for the mother to provide breast milk for the infant.

In court, five days later, the parents are each appointed an attorney at the preliminary placement hearing. The parents have not seen their baby since it was seized. Their attorneys meet with them for the first time a few minutes in the hall before returning to the hearing. The parents each receive a copy of the petition which states the child is suffering from failure to thrive and was near death when the caseworker took custody. CPS cites the home birth as being medical neglect, and fails to report that the parents took the infant to see the pediatrician immediately after the birth and a week later. Each attorney advises each parent just to agree with keeping the child in foster care pending the adjudication.

The parents advise their attorneys that they have called the father's mother, who has come from out-of-state to their home. They want the attorney to ask the agency to return the child and offer the grandmother in the home as a supervisor until this can be resolved. The mother expresses concerns about breastfeeding the baby and her absence from the infant during this critical bonding period.

Mother's attorney agrees to present this option to the court. Father's attorney doesn't show much enthusiasm for this as it deviates from the normal procedure, saying "That's not the way it is done."

When the case is called, the caseworker paints a dire picture, mom is depressed and unable to care for the child, and states that the child is thriving in foster care. That the parents have medically neglected the child by having a home birth. She offers one hour a week supervised visitations upon the condition that the parents sign releases and have psychological evaluations.

The Guardian ad litem concurs. (He's never spoken to the parents and never seen the infant, or the infant's medical records. He has only seen the caseworker's report).

Mom's attorney objects and offers the alternative that grandmother stays in the home and the child can be returned home. Father's attorney concurs, but only under pressure from his client.

Magistrate Judge interrogates grandma about her role and insists she agree on certain conditions before the child can be returned to the parents. She can never have the infant out of her site, not even when she has to use the bathroom or shower. She must never leave the infant alone with mom or dad. She must immediately call the caseworker if the mother or father do anything that presents a risk to the child. Caseworker must be allowed entry into the family home upon demand, and a home health nurse will weigh the child weekly. If there is any weight loss, so much as an ounce, the baby will be placed back in foster care. The court reluctantly orders the child home with these conditions in place over the objection of the caseworker and the GAL.

The court also finds that it was contrary to the welfare of the child to remain in the family home at the time of the removal and that reasonable efforts were made to prevent removal. The county attorney representing the agency presented no evidence supporting the caseworker's statement that she had made reasonable efforts or in support of the contrary to the welfare finding. The GAL, and respondent parents attorneys did not object to those findings nor the lack of evidence supporting them.

After the hearing, the respondent parent attorneys advise the parents to admit to the petition, under the no-fault provision in the state statutes. The treatment plan is ordered and includes parenting classes, infant massage classes, psychological evaluations for both parents, and grandma must live in the small apartment with the parents (never letting the child out of sight) until the case is closed. It takes nine months for this case to close.

The baby was returned to the home the day of the first hearing, still weighing less than when he was born. Mother was never able to successfully resume nursing the baby. Parents report that the infant was fussy and resistant for months after being returned from foster care and he suffered ongoing digestive problems from the formula, resulting in continued problems gaining weight. They expressed frustration at the level of scrutiny to which they were subjected as being invasive and demeaning. Dad's job was jeopardized due to the services he was force to comply with which were always scheduled during his work hours.

The agency's reports indicated that they had successfully rehabilitated the parents and they counted the outcome from this case as positive.