what is the law?

My question is regarding the rights of a parent diagnosed with a mental illness.
My ex husband filed a change of custody petition in Sept. 2000 (in AL). The judge appointed a GAL to my daughters. This GAL interviewed them for a total of 30 minutes in January of 2001. In February, based on statements made by my ex husband she contacted DHR to have me investigated for child abuse neglect. DHR determined that there was no problem. The GAL filed a petition in Junvinille court to name my youngest daughter a dependent of the state. She charged me with child abuse neglect. DHR investigated further and reported to the court that this case should be dismissed as the allegations were unwarrented and discriminatory. My daughter's teacher and school councelor were prepared to testify on my daughter's behalf and stated that there weren't any problems. I was diagnosed with major depressive disorder recurrent and had been hospitalized 4 times in 18 months. Each hospitilalzation consisted of 3 to 7 days. Each time I made sure that my daughter was taken care of. During my interview with the GAL, she stated "it would be better for you to check yourself into the hospital before they come after you. Don't let yourself get so far down that they have to take you to the hospital" In January, I did so. I was admitted for medication adjustment. Before going in, I made certain that my daughter was taken care of. This GAL did not like my ex husband because of his temper, inability to hold a job, and his living with his parents who are both ill.

The case came up in May. The case was continued until September. DHR came and interview my daughter for 2 hours and still determined that she was not dependent and that she was neither abused nor neglected. My psychiatrist also submitted to the court the statistic of women diagnosed with major depressive disorder and stated that because a person is diagnosed and suffers from major depressive disorder it DOES NOT make them unable to care for or parent their children.

What recourse is there for a discrimination suit against the GAL and the judge in this case in Alabama?

Unfortunately for your situation, GALs and judges are pretty much judgment proof.

As you probably know: In about 50 percent of the custody cases, someone is VERY, VERY unhappy with the results.

The side who loses almost always thinks that the judge is horribly biased, insane or an idiot. Sometimes it's true. Usually it's not.

The court generally tries to do what's best for the child -- at least from what it can glean from what has been placed before the court.

It's not an exact science, but most of the time the right thing happens.

I know this situation is very tough on you.

I cannot even imagine the pain you're in right now, but if you focus on getting yourself well, rather than on how "wrong" the legal system was, you and your child will both benefit in the long run.

dorenephilpot
As I stated in my initial post "DHR came and interview my daughter for 2 hours and still determined that she was not dependent and that she was neither abused nor neglected. My psychiatrist also submitted to the court the statistic of women diagnosed with major depressive disorder and stated that because a person is diagnosed and suffers from major depressive disorder it DOES NOT make them unable to care for or parent their children. " The GAL in this case interviewed my daughters for a combined total of approximately 30 minutes. She did not take heed to anything that was presented to the court, nor did the referee either. My daughter's teacher and school councelor was also there for the hearing. They had told the GAL and DHR that my dauaghter was doing fine. So tell me the court looks out for the best interest of the child. GAL's in this county receive no training except where the law is concerned.

Grace, for wht it is worth I am hopping mad at what is hapening to you. Has anyone ever bothered to look into why you suffer form mental illness? It sounds as though you may have been battered. I have been ther and feel for you.

May I suggest you look on your computer to find the address for the Judiciary Ethics Committee in your state if you feel there was wrongdoing on part of the judge.

Also, call your locfal newpaper ( th4e biggest one around) and ask for their help., Make it clear they cannot print anythgin without your consent., they often have incredible resources.

Grace, DO NOT GIVE UP. Do you have a lawyer? Are you able to represent yourself in court? Do you have neighbors and family and friendw who will go to court with you?

Where are the girsl now? Can you move4 in with someone?
That may help the court in making a favorable decision for you. I owudl keep petioning the court.

Do they think you woudl just be sitting around laughing and having a party afater all the stress they have put you through.

Has the judge himself spoken with the girls. If not, tell him you want him to talk to them - in camera. That means whatever the girls say will be kept confidential. HOw old are the girls? Are they willng to go to court with you?

DON'T GIVE UP. HANG IN THERE!

Thanks for the support!
I have contacted the local ADAP office and they are going to check into what options I have. I still have custody of my daughters. The whole thing should be over by March. The case will be dismissed in March. I get so angry that this sort of thing happens that I want to do all I can to see to it that it doesn't happen to another parent. I realize that in some cases this sort of action is neccessary. However, you cannot lump ALL mentally ill parents together. You must look at each individual case and the GAL should have investigated adequately. She just went on her own predgudices and that is discriminatory.
I am not going to give up on this issue. Our children need us.
Cindy

Here is what was in the complaint filed by the GAL in juvenille
court, followed by report of DHR.
IN THE MATTER OF: * IN THE JUVENILE COURT FOR
MYRA FLORENCE CENSORED, * CENSORED COUNTY ALABAMA
A Minor Child. * CASE NO. CENSORED

COMPLAINT

Child: Myra Florence CENSORED Phone:
CENSORED
327 18th Street DOB: 4/13/94
CENSORED, AL CENSORED Race: W Sex: F
SSN:
School Name: CENSORED

Lather: James Malcolm CENSORED Custodian: Cynthia CENSORED
8646 County Line Road 327 18th
Street
CENSORED, CENSORED CENSORED, AL
CENSORED
Mother: Cynthia Lee Barrett

327 18th Street
Tuscaloosa, AL 35401

Alleged violation/incident : Dependent/Abuse/Neglect
Date of violation/incident:

I agree to sign a formal petition and testify in
court ~~f necessary to substantiate the complaint. - t~

Complainant: Cheryl CENSORED

signature:
Facts of violation/incident :

Petitioner respectfully requests custody of the child be determined
in that:

1) her and her sister's custody are the subject of
controversy, to wit: there is currently a petition and cross petition
to modify custody pending before the Circuit Court of Tuscaloosa
County. Petitioner requests an immediate hearing as provided in 12-15-
1 (10) (c) of the Code of Alabama;

2) she is in such condition or surroundings or is under such
improper or insufficient guardianship or control as to endanger the
morals, health, or general welfare of the child, to wit: the child is
sad, withdrawn, anxious, frequently has stomach aches and sore
throats, is dirty, has not had a bath, clothes are not clean, has
disheveled hair. Petitioner requests an immediate hearing as provided
in 12-15-1 (10) (f) of the Code of Alabama;

3) the child's parents are unable to discharge their
responsibilities to and for the child, to wit: the child's mother is
diagnosed with major depressive disorder-recurrent, she suffers
from ,anxiety and hopelessness and is overwhelmed. She is an
alcoholic, has had suicidal thoughts as well as attempts at suicide,
she has had four psychiatric hospitalizations at CENSORED over the
past year. The child's father lives with his elderly parents who are
in poor health, their home is not a good environment for a small
child, he is not financially able to support the child, he washes
cars for a living, he is not stable, is irresponsible, manipulative,
angry and has a bad temper. He also allows the child to watch
inappropriate fighting movies which cause the child to have
nightmares and anxiety. Petitioner requests an immediate hearing as
provided in 12-15-1 (10) (k) of the Code of Alabama.

Date: 1-27-2001 Time: 12:10 p.m.


Action taken: Petition

CENSORED COUNTY
DEPARTMENT OF HUMAN RESOURCES

CENSORED 3716 12TH AVENUE, EAST
DIRECTOR CENSORED
CENSORED






Report to the CENSOED County Juvenile Court

05-03-2001


RE: Myra CENSORED DOB: 04-13-94
CENSORED


Case Summary:Petition was filed by appointed GAL: Cheryl Stahl who
was assigned the case per Circuit Court appointment in the Circuit
Court filing of petition / cross petition custody modification
matter. The petitioner contacted our agency 01-31-2001 requesting
that our agency assess the family's situation as she was considering
filing a dependent petition on the child. Our intake consulted with
intake supervisor and conducted a preliminary check with the child's
school counselor, furs. Sivley. See the intake worker's accounting of
such preliminary check attached. After consulting with the school
counselor and again with the intake supervisor, it was decided
further assessment would not be necessary as the mother was meeting
the child's needs. No safety concerns were found thus not warranting
our agency's intrusion into this family's life. This position was
shared with petitioner who stated she still had her doubts.
Petitioner chose to file a petition regardless.

After further assessing the situation in view of receiving this
petition, our agency feels even stronger that there are no safety
concerns warranting further intrusion into this mother's private
life. She is receiving appropriate mental health services, is under
her Dr.'s care, has her child in therapy, has completed parenting
classes, is gainfully employed and is in close contact with her
child's school. This writer's contact with the child's school
counselor determined child to come to school clean with clothes that
fit, and that were clean and appropriate. The counselor expressed NO
concerns warranting DHR concerns or need for intervention. The mother
has had some recurring episodes warranting hospitalizations, but has
always put into effect a plan of care and supervision for her child
if necessary. The mother cannot help what is her resulting diagnosis
and takes appropriate action when necessary to get through any
problem areas that come up. The school counselor and the child's
teacher feels so strongly in favor of the mother's position that they
volunteered to come to the hearing and be available to the court to
answer any questions. The mother has secured a summer program for the
child through the same church where the mother is employed. The
mother and child moved recently to another home located across from
where the mother works. That address is 327 18th Street CENSORED.
The school counselor stated the child has been very happy about and
excited Faith this move.

CENSORED County DHR continues to feel that the mother is meeting the
full needs of this child and has demonstrated the ability to respond
to her own self drive to do the things necessary for herself and
child despite her diagnosis. The mother's mental health issues should
not be a discriminating factor just because they exist. She is
operating and functioning extremely well as a mother, meeting her
responsibilities to her child regardless.

CENSORED County DHR feels dismissal of the dependency petition is
warranted as having been filed unnecessarily so. See attachments.

Approved: Respectfully Submitted:

CENSORED CENSORED

Service Supervisor I Senior Service Social Worker Tuscaloosa
County DHR

"AN AFFIRMATIVE ACTION/EOUAL OPPORTUNITY EMPLOYER"