I just can't stay away from courthouses
I spent the afternoon in court with a friend who was fighting CPS for custody of her daughter.
It was my first time in a courtroom. It was a bit different than what I've seen on TV. The lights were bright, and people were milling in and out the whole time. It is apparently the practice of this judge, who ruled over a circuit court, to call entire groups of interested parties in a case to stand in front of the bench while he or other lawyers questioned them. There was a big shelf of lawbooks on one side of the courtroom, and my friend's lawyers were free to roam around in front of the bench, behind the people the judge was listening to.
There were two other cases we sat through (more or less...we also did our own milling in and out), both of which also seemed to be custody cases. We got to hear one really good lawyer (who I think actually goes to our church) pound the testimony of a cop who had made a really poorly written report.
When her case finally came up, our party was the last one left in the courtroom.
My friend's daughter is sick. I'll let that suffice. She has taken her to doctors, gotten physical and speech therapy for her, visited specialists, and finally took her into the ER of a locally well-known and well-respected (though not by me anymore) children's hospital. The doctor put on her case disagreed with what other doctors had diagnosed and refused to do the treatment my friend was asking for, which had been recommended by one of her other doctors. My friend became upset and wanted to take her daughter out of the hospital. The doctor accused her of having Munchausen's syndrome by proxy, called Child Protective Services, and had my friend kicked out of the hospital. (This was a pediatrician, mind you, not a psychiatrist.) She was not allowed to see her daughter (who is still breastfeeding) for more than three days, and was finally allowed a brief supervised visit yesterday.
The prosecutor had two witnesses planned for today: the doctor who kicked her out, and the social worker assigned to my friend. The doctor, apparently too busy to be bothered, supposedly was planning on testifying via telephone. My friend's lawyers objected on the grounds she has the right to confront her accusers in person. The judge agreed, and actually sent a sheriff to the hospital to arrest her in contempt of court for ignoring a subpoena! I don't think it actually came to that, but we were all high-fiving each other for a while after we heard that.
That left the social worker, who really appeared truly incompetent. It was clear he had only skimmed the baby's case file, and was not even sure of her exact age. He seemed unsure of himself when he answered both the prosecutor's questions (which seemed very leading at times) and the defense. I think this was apparent to the judge as well. In the end, since there was no one present to give clear evidence that my friend has Munchausen's by proxy (the whole idea of which is thoroughly ridiculous), the judge ruled in favor of my friend.
I am glad justice was served, but I am chilled by the fact of how much power a single person can have. And not for the first time am I disappointed in a system that is supposed to be set up to protect children, but all too often seems to let them down. I am sure there are abused children that CPS rescues. But there are many they do not that they should, and many who are not abused that they actually harm by their interference. And the ones that they do "rescue"? So many of them end up in foster care, sometimes in worse circumstances than the ones they left.
Times like today, I'm tempted to convince Leo we need to move back to China. Isn't that ironic?
It was my first time in a courtroom. It was a bit different than what I've seen on TV. The lights were bright, and people were milling in and out the whole time. It is apparently the practice of this judge, who ruled over a circuit court, to call entire groups of interested parties in a case to stand in front of the bench while he or other lawyers questioned them. There was a big shelf of lawbooks on one side of the courtroom, and my friend's lawyers were free to roam around in front of the bench, behind the people the judge was listening to.
There were two other cases we sat through (more or less...we also did our own milling in and out), both of which also seemed to be custody cases. We got to hear one really good lawyer (who I think actually goes to our church) pound the testimony of a cop who had made a really poorly written report.
When her case finally came up, our party was the last one left in the courtroom.
My friend's daughter is sick. I'll let that suffice. She has taken her to doctors, gotten physical and speech therapy for her, visited specialists, and finally took her into the ER of a locally well-known and well-respected (though not by me anymore) children's hospital. The doctor put on her case disagreed with what other doctors had diagnosed and refused to do the treatment my friend was asking for, which had been recommended by one of her other doctors. My friend became upset and wanted to take her daughter out of the hospital. The doctor accused her of having Munchausen's syndrome by proxy, called Child Protective Services, and had my friend kicked out of the hospital. (This was a pediatrician, mind you, not a psychiatrist.) She was not allowed to see her daughter (who is still breastfeeding) for more than three days, and was finally allowed a brief supervised visit yesterday.
The prosecutor had two witnesses planned for today: the doctor who kicked her out, and the social worker assigned to my friend. The doctor, apparently too busy to be bothered, supposedly was planning on testifying via telephone. My friend's lawyers objected on the grounds she has the right to confront her accusers in person. The judge agreed, and actually sent a sheriff to the hospital to arrest her in contempt of court for ignoring a subpoena! I don't think it actually came to that, but we were all high-fiving each other for a while after we heard that.
That left the social worker, who really appeared truly incompetent. It was clear he had only skimmed the baby's case file, and was not even sure of her exact age. He seemed unsure of himself when he answered both the prosecutor's questions (which seemed very leading at times) and the defense. I think this was apparent to the judge as well. In the end, since there was no one present to give clear evidence that my friend has Munchausen's by proxy (the whole idea of which is thoroughly ridiculous), the judge ruled in favor of my friend.
I am glad justice was served, but I am chilled by the fact of how much power a single person can have. And not for the first time am I disappointed in a system that is supposed to be set up to protect children, but all too often seems to let them down. I am sure there are abused children that CPS rescues. But there are many they do not that they should, and many who are not abused that they actually harm by their interference. And the ones that they do "rescue"? So many of them end up in foster care, sometimes in worse circumstances than the ones they left.
Times like today, I'm tempted to convince Leo we need to move back to China. Isn't that ironic?
posted by Andrea | 9:57 PM
3 Comments:
So is that the end of it? Did she get to take the baby home?
Wow, what a day. I am glad to hear that it worked out, but you're right, how scary that it could have gone the other way.
My goodness! Its even scary to have a sick baby these days. As parents, you're of course going to go to doctors and hospitals to find out whats wrong. It would be abuse not to figure out whats wrong!
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