Vickie L. Burris
P.O. Box 256
Belle Plaine, KS 67013
This is the timeline of events.
I began having difficulties with my daughter. I contacted my insurance company to see where I could obtain services to help my daughter. Her behavior and personality had suffered a sudden, drastic change.
December 30, 1999
My daughter ran out of a restaurant in Wellington, Kansas where we were having dinner for my birthday. She disappeared and I had to contact the Wellington Police Department to assist in locating her. Contact: Captain Scott Funderburk, 316-326-3331.
December 31, 1999
My daughter was found at a friend's home in Wellington, Kansas. I allowed my daughter to stay with these friends through January 2, 2000 in an attempt at a "cooling off" period for my daughter.
January 2, 2000
I went to Wellington, Kansas to pick my daughter up and bring her home. Once we returned to Belle Plaine, Kansas my daughter stated that she was not going to remain here and that she would run again. A neighbor who accompanied me in bringing my daughter home invited my daughter to stay with her for a day or two to give her time to calm down.
January 4, 2000
I contacted the phone number on the back of my Principal Health Care Insurance Card. I requested information on how to get my daughter counseling or help of any kind. I was instructed by the insurance company to take my daughter to Charter Hospital in Wichita, Kansas for an assessment. My sister and I proceeded to take my daughter to Charter Hospital for this assessment.
January 5, 2000
12:30 a.m. My daughter was admitted to Charter Hospital for In-patient treatment. Their initial assessment was that my daughter was clinically depressed and suicidal. They placed her on a "suicide-watch". I was told that my daughter would be a patient at Charter Hospital for 3 to 5 days. I was told that I would be contacted by Charter Hospital in reference to family meetings and counseling sessions. I was told that my daughter's doctor would be Dr. Mukhtar Shah and that he would contact me later in the day. (I never received any phone calls from Dr. Mukhtar Shah during my daughter's stay at Charter Hospital).
January 5, 2000 (Continued)
I was contacted by Shirley a nurse at Charter Hospital requesting authorization for my daughter to be placed on Prozac, 20 mg. 1 time per day. Shirley stated that this was to try to get my daughter calmed down and out of the suicide mode so that they could work with her. I authorized this one drug. Shirley said that my daughter's case worker/psycho-social therapist Betty Alley wanted to speak with me. Betty got on the phone and asked for an additional authorization for the drug Trazidone 25 mg to be given at 8:00 p.m. each evening. I authorized this drug. Betty stated that Dr. Brewer would be my daughter's doctor and would call me later in the day. (I never heard from Dr. Brewer.) Betty informed me that my daughter's school teacher would be Jim Barthel who could be reached at ext. 192. My daughter would be attending school Monday through Friday from 1:00 p.m. - 3:00 p.m. I would need to contact Belle Plaine High School and obtain her assignments and school books and bring them to Charter Hospital as soon as possible. Betty stated that my daughter needed the following items: Schoolbooks, socks, underwear, shoes, brush, comb, toothbrush, toothpaste, deodorant, hair supplies, shampoo, conditioner, clearasil and shower gel. I was to check the ingredients on each of these and ensure that they did not contain any percentage of alcohol.
January 6, 2000
I called Charter Hospital and spoke with Angie who identified herself as my daughter's full time tech - 1st shift. She stated that she worked for Dr. Vaughan who was now my daughter's doctor. I asked what happened to Dr. Brewer. Angie stated that she had quit suddenly without notice.
January 11, 2000
8:20 a.m. Tried to contact Charter - the phone rang until the phone company disconnected. 8:25 a.m. Called and left a voice mail for Pam McDivitt at Charter Hospital. 8:30 a.m. Called Charter again - receptionist answered on the 8th ring. I asked if there were phone problems. She said "No", I was on another line. I asked to speak to Shirley, my daughter's nurse. I asked Shirley how my daughter's evening and night had gone. Shirley stated there was nothing negative on the chart, but she was busy and did not know. She also stated that maybe I should contact the 3rd shift Med Tech, Chris. 3:10 p.m. I received a phone call from a lady identifying herself as Dr. Vaughan. Dr. Vaughan was requesting that I come to Charter Hospital immediately and sign authorizations for drugs to be given to my daughter. I told Dr. Vaughan that I could not get off of work until 3:30 p.m. but that I would come then. Dr. Vaughan stated that if I did not come over there and sign the releases immediately she was going to contact SRS and tell them that I had beaten my daughter. I told Dr. Vaughan that this was ludicrous that I had never raised my hand to any of my children much less beaten them. Dr. Vaughan stated that she didn't care this was her plan for action if I didn't come to the hospital immediately. I then received a phone call from Dr. Mark Rosenberg, Vice President at my insurance company. He stated that I needed to go to Charter Hospital immediately and do not go alone - take a witness. Dr. Rosenberg stated that the insurance company had dispatched an ambulance to transport my daughter. He stated that my daughter was in a very dangerous situation and needed to be
January 11, 2000 (Continued)
removed by ambulance immediately. I told him that I was on the other line with Dr. Vaughan at that very moment. Dr. Rosenberg yelled at me to get off the phone with that woman - she is crazy. He stated that there were problems with Charter Hospital overdosing my daughter without authorization to give the drugs. I called my friend Nancy Strickland explained what was going on with my daughter - she agreed to accompany me to Charter Hospital and be a witness to the situation. Upon arriving at Charter Hospital we were denied entrance and told to sit in a waiting room. After about 10 minutes I saw a cleaning woman going through the locked doors to the part of the hospital where my daughter was. I said "Excuse me" jumped over the cleaning cart and went through the doors looking for my daughter. My daughter came running up to me - very drugged - very happy to see me. My daughter stated "Mama, you have to get me out of here". Several nurses/workers surrounded me and pushed me into a room. One nurse in particular - Pamela Crocker threw a really big fit, yelling at me telling me that I couldn't take my daughter away from her. How could this be cost effective? Pam also stated that I would be sorry for taking my daughter out of Charter Hospital. Nancy Strickland and the ambulance crew got my daughter out of the hospital and into the ambulance. My daughter was transported by ambulance from Charter Hospital to Via Christi St. Joseph, Wichita, KS where she was admitted.
January 17, 2000
Received phone call from Dr. Mercedes Perales. She suggested that we need to explore the possibilities of my daughter going to my friend's home (Randy and Nancy Strickland) to attend school in Wellington and continue family therapy on an out-patient basis.
January 18, 2000
Nancy Strickland and I went to Via Christi St. Joseph and met with Dr. Mercedes Perales to discuss the possibility of releasing my daughter on Friday, January 21, 2000 to Randy and Nancy Strickland. Had a brief visit with my daughter.
January 19, 2000
Randy and Nancy Strickland and I worked on Behavior Contracts to submit to my daughter and the staff at Via Christi. These contracts were going to be discussed and agreed to on Friday, January 21, 2000 before my daughter would be released to Randy and Nancy Strickland.
January 20, 2000
My daughter attempted suicide while in the hospital while on a Level 2 Suicide Precaution.
January 21, 2000
I informed my employer of my daughter's suicide attempt and requested time away from work to try to get my daughter additional help. It was determined by Dr. Mercedes Perales, Dr. Bob McIntyre and Dr. Mark Harris that my daughter was in need of long term residential care. I was informed that my daughter would not be released except to a long term residential care facility.
January 26, 2000
Received a letter from Cindy Beeson, Wellington SRS expressing concern for my daughter wanting to make an appointment to see if there were any services their office could offer my family.
Received a phone call from Dr. Bob McIntyre telling me that he had received authorization from my insurance for moving my daughter to Menninger Clinic in Topeka, Kansas for the care that she requires. Apparently there had been an error on behalf of the insurance company and I do have benefits for this type of care. Dr. McIntyre forwarded my daughter's records to Menninger Clinic and contacted Menninger to establish a plan on when my daughter would be transferred.
January 27, 2000
I was contacted by Terri Gumm a supervisor at American Psyche calling me to apologize for the recent problems with the insurance company and wanting to confirm to me personally that my daughter does have benefits for Menninger and there shouldn't be any additional problems. My daughter would be able to transfer to Menninger. At 4:30 p.m. I was again contacted by Terri Gumm. Terri stated that she had distressing news for me but not to worry. Her distressing news was that again the insurance company had made an error and that I do not have coverage. I was devastated. Terri informed me that she was exceptionally sorry and for me not to worry that American Psyche is invested and that Terri is personally invested to cover these types of errors. Terri stated that my daughter would receive the necessary care per Dr. Perales' recommendation and that my daughter would be transferred to another facility for this care. I asked Terri what facility, she said that it would have to be a facility that I would be comfortable with and that Dr. Perales would recommend.
January 28, 2000
Dr. Perales contacted me and stated that she had been contacted by my insurance company giving approval for my daughter to be transferred to PrairieView Hospital.
February 1, 2000
Dr. Rosenberg, American Psyche contacted me and stated that maybe I had better see about having my daughter placed on Medicaid or maybe I should just relinquish my parental rights to the State of Kansas and let them foot the bill. Dr. Rosenberg also suggested that I withdraw my
February 1, 2000 (Continued)
Raytheon retirement and take care of my daughter's medical expenses with that. My daughter has now been escalated to a Level 3 Suicide Precaution. My daughter is very upset and frustrated with the unknown of her future.
February 2, 2000
Dr. Mark Rosenberg, Medical Director for American Psyche contacted me and stated that there are not benefits for my daughter and that she is only covered as long as she is an in-patient at a facility that is within their network. I explained to Dr. Rosenberg numerous times that my daughter does not transition well, she has attempted suicide while on a Level 2 suicide precaution at Via Christi, she requires additional care at a very structured controlled facility with the capability of progressing to a Long Term Care Unit.
February 3, 2000
Wrote and faxed a letter to Paul Donahue, Consumer Assistance Division of Kansas Insurance Department. Requested his assistance in this situation. My daughter needs help!
Gave written authorization for Dr. Perales and Dr. McIntyre to discuss my daughter's case/situation with Paul Donahue in the Kansas Insurance Commissioner's Office.
Called Charter Hospital, spoke with Shirley regarding my daughter's medical records. Shirley states that she does not show anything that would suggest that my daughter was ever a patient at Charter Hospital.
Shirley at Charter Hospital calls back at 9:07 a.m. states that she has personally gone to Charter Medical Records Department and spoke with Colleen Yoder. Colleen states that she faxed my daughter's records to Via Christi on Monday, 01/31/2000. Via Christi has never received these records.
Beverly Dandurand, Raytheon Aircraft Company called to state that she has been in contact with APS, the insurance company. They maintain that there are not benefits for residential care and that we are nearing the limit of coverage for my daughter at this time. Beverly states that the master Contract can not be released to myself or the hospital. Beverly states that APS claims that they faxed a copy of the Group Membership Agreement to Via Christi yesterday. I informed Beverly that Via Christi has still not received this fax. Beverly will contact APS again and request that this be faxed again today. She verified Via Christi fax number and will request this be faxed to the attention of Dr. Bob McIntyre.
Send a Request for Assistance e-mail to Senator Pat Roberts, Senator Sam Brownback , Representative Jerry Moran and Todd Tiahrt.
February 3, 2000 (Continued)
Received a phone call from Ardena Schienbein in Todd Tiahrt's office asking me to fax her my signature on a page giving her authorization to pursue the events/elements of my situation. I faxed this to her immediately.
February 10, 2000
Received phone call from Terri Westfall at Via Christi St. Joseph informing me that my insurance coverage had denied coverage for my daughter past February 11, 2000. Terri also stated that I needed to get my daughter out of Via Christi immediately. Terri stated that she had made arrangements for my daughter to be transported by ambulance to Larned State Hospital for long term residential treatment. My mother, my son and my youngest daughter proceeded to Via Christi St. Joseph and followed the ambulance to Larned State Hospital where I admitted my daughter.
February 11, 2000
Signed releases for Sumner Mental Health Center for the flow of information to/from Dr. Mercedes Perales and Sumner Mental Health Center.
Received a letter from Cindy Beeson, Wellington SRS stating that this was a second attempt to contact me about a concern pertaining to my daughter. I contacted Cindy Beeson and visited with her as to her concerns, I stated that my daughter was now in Larned State Hospital and receiving help there. Cindy stated that she would close out her file and that if I ever needed assistance to please feel free to contact her.
February 17, 2000
My mom and dad and I traveled to Larned State Hospital to meet with the Treatment Team and to visit with my daughter.
February 19, 2000
My daughter called home collect. Very upset and angry. Was not allowed to go to a group function. Wanted to know when I would be up there to visit her and when could she come home. I told my daughter she needed to calm down and try to cooperate, work through things and we would try to get her home when she was better.
February 20, 2000
My daughter complained to Larned Staff of chest pains. She was transferred to hospital for treatment. I was never notified of this event.
March 9, 2000
Visited with Craig Dunn, Team Leader at Larned State Hospital. Discussed with Craig scheduling my daughter for home visits for 03/17/2000 through 03/19/2000. Also another home visit could possibly be scheduled around 04/01/2000 (My daughter's 15th birthday). I stated to Craig that we wanted my daughter home and that the family was planning a celebration for her birthday. Craig did not see any problems with this.
March 10, 2000
I received a phone call at work at 8:47 a.m. from Carie Rust a social worker at Larned State Hospital. Carie was calling to notify me that she had come to work that morning and found out that my daughter had been restrained in the solitary confinement room, drugged and beaten by the Larned State Hospital staff the previous evening. Carie stated that my daughter was in need of medical attention.
Nancy Strickland and I drove to Larned State Hospital and removed my daughter and transported her back to Wichita, KS to Wesley Hospital for emergency treatment. This action was taken after I made phone calls to Greg Olsen and Rick Gaskill, Sumner Mental Health Center, Eloise Reeves, NAMI CAN, Dr. Mani Lee, Larned State Hospital, John Hawkins-Pyles, Mid-American All Indian Center, Dr. Raman Chopra, Dr. Mercedes Perales and Dr. Bob McIntyre. They were all in agreement that this was the appropriate action for me to take. I filed criminal charges with the Wichita police department against the hospital and its workers. The Wichita Police Department filed these charges with the Pawnee County Sheriff’s Office. I took my daughter back to my home upon her release.
March 12, 2000
My daughter ran away from home and was picked up at my request by the Belle Plaine, KS police department. They transported her back to Wichita, KS to ComCare who evaluated her and transported her back to Via Christi St. Joseph.
March 13, 2000
My daughter was admitted to Via Christi St. Joseph. Again I started my endeavor to find placement/help for my daughter. I had contacted the Wellington SRS to see if there were any programs available that would assist me.
March 18, 2000
Received a phone call from a lady who identified herself as Nurse Nancy - wanted me to take a list of items my daughter wanted brought to the hospital as soon as possible.
March 19, 2000
9:00 a.m. Nancy Strickland and I met with Dr. Mukhtar Shah at Via Christi St. Joseph. Dr. Shah informed us that my daughter had "fired" him, my daughter was refusing to take any meds, my daughter reported being ill and unable to attend school or therapy sessions. Nancy asked Dr. Shah "Does this boil down to my daughter just being a "Brat"?" Dr. Shah responded with "Yes, that is it exactly". After meeting with Dr. Shah, Nancy and I went to my daughter's room and attempted to visit with her. She did not like what we had to say in regards to our meeting with Dr. Shah. my daughter became very angry, jumped off of her bed, turned the lights out on us and slammed the door shut when she left.
March 21, 2000
Received a phone call from Terri Westfall, Social Worker at Via Christi St. Joseph. Terri states that she is requesting my daughter's records from Larned State Hospital. Stated that she had a phone call from Michelle Davis, Wellington SRS and Sumner County Mental Health Center. Terri states that she does not have authorization to talk with these people. Terri reports that in my daughter's group session that morning that my daughter curled up with her eyes closed. Terrie sent her to the nurses' station - she was not going to allow my daughter to sabotage her group session. Terri heard comments - my daughter just hates the staff. Terri took my daughter down to a lower level. A fight broke out in group session - my daughter helped restrain her peer. After group my daughter refused her meds and she refused her lab work. Terri reports that Dr. Mukhtar Shah talked to the insurance company, they deny that my daughter needs acute care a group home or residential care.
March 22, 2000
I received a phone call at home from Michelle Davis, Wellington SRS. Michelle stated that she had talked with Terri Westfall, Therapist, Via Christi, St. Joseph, the Sumner County Attorney and her supervisor Jonell Ala regarding my situation. Michelle states that Coventry Insurance is refusing to pay anything on my daughter. Michelle wanted to inform me that Jonell Ala would try to get SED Waivers or a medical card or Healthwave Insurance for my daughter. After talking to Terri Westfall Michelle state that she met with Jonell Ala and the Sumner County Attorney - it was decided that A Child In Need Of Care Petition was not appropriate action for my daughter. My daughter can not return to Larned State Hospital due to the pending charges of abuse. Michelle committed to SRS working with Sumner Mental Health Center in an effort to accommodate my daughter’s needs with Wrap-Around Services.
I called the Adolescent Unit of Via Christi St. Joseph at 6:45 p.m. Linda answered, confirmed Dr. Shah's orders that enabled me to call and talk to my daughter. Linda called my daughter out of a group session to the phone - my daughter said she did not want to speak to me. I asked to speak to her nurse. Joy Auckofer answered the phone - she stated that she was not the nurse - however she had "had" my daughter before. Joy thinks my daughter is doing okay - she just has
March 22, 2000 (Continued)
a sad look on her face - really appears to just "be sad". Joy was going to be in charge of a group session at 7:00 p.m. She would like to see if she could get my daughter to open up and talk.
March 23, 2000
8:13 a.m. Called Terri Westfall at Via Christ St. Joseph (316-689-4808) left a voice mail requesting update on my daughter.
9:22 a.m. received a phone call from Michelle Davis telling me that the SED Waiver Forms were available for me to pick up at Sumner Mental Health Center in Wellington, Kansas. I advised her I would go straight there after work and pick these up and complete them.
12:43 p.m. Called Terri Westfall (316-689-4808) and left a voice mail requesting an update on my daughter.
12:44 p.m. Called the Via Christi St. Joseph Adolescent Unit (316-689-6220) spoke with Monica. She stated that Terri wasn't in the office. Monica states that my daughter was dismissed from group for inappropriate behavior - says my daughter pretends to sleep because "group" is boring. My daughter was given assignments when dismissed from group - how she alienates herself, how her untruths have affected her, why she does not want feedback to go to mom. I asked if Dr. Shah was available - Monica states that he is not in right now. I requested that Monica have Dr. Shah call me.
I and Nancy Strickland, my son and my youngest daughter went to Sumner Mental Health to pick up SED Waiver forms for me to complete. 4:40 p.m. We arrived at SMHC and requested the forms. No one at SMHC had any idea what we were talking about. We were referred to Larry Roth, SMHC. I explained to Larry that I was there to obtain the application for SED Waivers per Michelle Davis' , SRS request. Larry called Michelle Davis and spoke with her briefly then opened his desk drawer and handed me the forms. I told him I would fill them out then but he told me just to bring them back on Monday, 03/27/2000 when I came back for a meeting with him, Rick Gaskill and Arlena Crandall.
March 24, 2000
10:12 a.m. Called the Adolescent Unit Via Christi St. Joseph spoke with Laura who states that Terri Westfall has been out of the office for 3 days due to a family member in the hospital. Laura states that Dr. Shah is in the hospital somewhere and she transfers me to the operator to have him paged. I never received a phone call from Dr. Shah.
2:27 p.m. Called Via Christi St. Joseph paging (316-685-1111) had Dr. Shah paged a second time - still no response.
March 24, 2000 (Continued)
2:51 p.m. Michelle Davis, Wellington SRS called to tell me that she has spoken with Arlena Crandall, Sumner Youth Services, Sumner Mental Health Center (316-326-7448 ext. 246). They discussed the possibility of Respite placement therapeutic care for my daughter (foster care program). Arlena stated that Yes, this was do-able without my daughter being in State Custody. Sumner Youth Services would have to contract with Wellington SRS for care.
3:00 p.m. I contacted Arlena Crandall (316-326-7448 ext. 246) regarding therapeutic placement for my daughter. Arlena wanted me to know that her husband works at Raytheon Aircraft at Plant 2 in Publications. I told her I didn't know her husband and could I get the details of the Respite Care available for my daughter. Arlena stated that she had already made arrangements for my daughter to live in Wellington with Dave and Debbie Steinbeck. She stated that the Steinbeck were very willing to help with my daughter and that they lived just across the street from Sumner Mental Health Center and were Therapeutic Foster Parents. Arlena said that she would talk to me at 8:00 a.m. on Monday, March 27, 2000 when I came to Sumner Mental Health to meet with her, Larry Roth and Rick Gaskill regarding the SED Waivers.
March 27, 2000
8:00 a.m. I arrived at SMHC for my scheduled meeting. Larry Roth was the only individual available. I submitted the SED Waiver Application forms to Larry. Arlena Crandall arrived at 8:45 a.m. with no obvious intent of attending the meeting. I observed Rick Gaskill's arrival at 8:20 a.m. however he never joined the meeting either. Larry assured me he would do everything he could to help me obtain help for my daughter without her being taken into SRS custody.
March 28, 2000
2:11 p.m. Received a voice mail from Ed Van, ext. 6-7156, Department 46, Building 2. He just wanted to relay the message that Pat Martin from Via Christi had left a voice mail message on his phone for me to call her at 316-685-1111 ext. 0269. (I don't know who Ed Van is).
2:20 p.m. I returned Ed Van's call - he gave me the detail of Pat Martin's call - stated that maybe it is an insurance problem. I thanked Ed for relaying the message to me and apologized for the confusion since I did not understand why Via Christi would call Ed Van's phone number at Raytheon Aircraft and not mine.
2:26 p.m. I called (316-685-1111 ext. 0269) and asked for Pat Martin. Pat states she is double checking to confirm that Dr. Shah and Terri Westfall had told me that there had not been any insurance for my daughter since 03/18/2000. It had been Dr. to Dr. for several days. Insurance denied coverage on the 18th. This can be appealed however I would have to get Dr. Shah to do this. I stated to Pat Martin that neither Dr. Shah or Terri Westfall had notified me that the insurance was indeed definitely denied. I had been told from time to time from other sources that insurance was running out but nothing firm.
March 28, 2000 (Continued)
4:00 p.m. Terri Westfall called to tell me that my daughter was moved to a private room on 03/27/2000. Dr. Shah had ordered "NO MEDS". My daughter refused to go to Terrie's group sessions. My daughter stated that she was "Ready to go home!" Terri asked me "Where will we go from here? I stated that I really did not know that I was working with SRS and SMHC on wrap-around processes and I would keep her advised.
March 29, 2000
I called Michelle Davis and asked her what the County Attorney had said about a Child in Need of Care Petition. She stated she hadn't talked with him yet. I asked what was happening with the wrap-around process? She stated that nothing had been decided yet. I asked when will there be a meeting to discuss this - who will attend? She stated that a meeting had not been decided upon yet. I asked if I were to quit my job of 20+ years and go on welfare would my child be provided for? Michelle laughed and said "Well, yes!" Michelle said she would let me know when she could get a meeting scheduled.
March 30, 2000
9:08 a.m. Michelle Davis, Wellington SRS called and stated Jonell Ala wanted to know about the Indian Roll. Michelle said that she would check with Greg Olsen about what to do in regards to my daughter. Michelle stated that she would also talk to the County Attorney regarding the possibility of other services that might be available. We discussed the possibility of meeting with all parties. Michelle stated that Rick Gaskill would be out of the office until 04/03/2000 and Arlena Crandall would be out of the office until 04/11/2000.
11:27 a.m. Terri Westfall called to tell me that Michelle Davis has called to talk to her about SRS Custody of my daughter. Michelle stated to Terri that SRS CAN take custody of my daughter - they just have to go through a long lengthy process with the Navajo tribe.
April 3, 2000
Nurse Pamela called to notify me of a little problem with my daughter - she was placed on room restriction. Dinner was at 5:30p.m. My daughter threw her tray at Pam - she threw herself in her room, slammed the door. Pam took the mattress out of the room, laid my daughter down on the floor, my daughter was kicking, flinging her arms. Pam had my daughter put in full restraints. Pam plans to cross-release my daughter at 8:30 p.m. from her restraints. Said she gave my daughter an opportunity, my daughter needs to deal with her anger, my daughter does not identify. my daughter's behavior not acceptable any longer. Pam says my daughter was verbally abusive. Pamela is going to come up with a plan for my daughter.
April 4, 2000
6:10 a.m. I called (316-689-4808) left voice mail for Terri Westfall to call me.
6:15 a.m. I called (316-326-7439 ext. 222) left voice mail for Michelle Davis to call me.
6:50 a.m. Picked up package from Belle Plaine Post Office from Larned State Hospital.
8:48 a.m. I called (316-689-4808) left another voice mail for Terri Westfall to call me.
8:50 a.m. I called (316-689-6220) Adolescent Unit, Via Christi St. Joseph and spoke with Laura. I requested that Terri Westfall call me back as soon as possible so that I could schedule a meeting with her and Dr. Shah the following day.
8:51 a.m. I called (316-326-7439 ext. 222) left a voice mail with Michelle Davis inviting her to a meeting at Via Christi St. Joseph the following day. I needed confirmation of her attendance.
8:52 a.m. I called (316-326-7448) left a voice mail for Larry Roth, requesting he call back and confirm that he could attend a meeting the following day.
8:53 a.m. I called (316-326-7448) left a voice mail for Rick Gaskill requesting he call back and confirm that he could attend a meeting the following day.
9:02 a.m. Terri Westfall returns my call - states that she knows I am trying to set up a meeting - states that she has been waiting for a week for this kind of a meeting. Terri says that my daughter stated in group that Dr. Shah is moving her to the Wichita Children's Home in a few days. I brought up the nursing issues again. I don't want my daughter around any of the new nurses at Via Christi that just came from Charter Hospital. I explained once again the problems we had at Charter and in particular the problems with Nurse Pamela Crocker. Terri said that she would put a note on my daughter's file and talk to the Director of Nursing.
9:11 a.m. I called (316-685-1111) and paged Dr. Shah to call me.
9:46 a.m. Dr. Shah called me (from 316-685-3781). Dr. Shah stated that my daughter had slept from 10:30 p.m. until 8:00 a.m. that morning. He said that my daughter had not changed her feelings about her and I. He stated that my daughter would think about going to school and group. Dr. Shah confirmed that he would be available to meet with us at Via Christi at 9:00 a.m. on 04/05/2000.
2:36 p.m. Received a voice mail from Michelle Davis. She states "Success! Larry Roth and Rick Gaskill will be able to attend the meeting that you called for tomorrow morning."
2:42 p.m. Received a voice mail from Larry Roth confirming he will be at the meeting on 04/05/2000.
April 4, 2000 (Continued)
Faxed a letter to Dr. Shah, Terri Westfall, Joy Auckofer and any and all staff at Via Christi, St. Joseph Hospital reconfirming that my daughter is not to receive ANY medications without prior written authorization from myself. My daughter is not to receive any PRNs without prior authorization from myself. My daughter is not to receive over-the-counter medications without my prior authorization. My daughter is not to receive medical attention without my prior approval. I cannot obtain pre-certification from my insurance company when I am not aware of these situations. No contact with Pamela Crocker. No conversation with any party regarding my daughter without my written approval.
April 5, 2000
I called a meeting at Via Christi St. Joseph where I met with Dr. Mukhtar Shah, Joy Auckofer, Head of Nursing, Terri Westfall, Therapist, Kristen Wilson, Department of Behavioral Science, Eloise Reeves, NAMI CAN, Larry Roth, Sumner Mental Health Center, Michelle Davis, Wellington SRS and Nancy Strickland. At that meeting Michelle Davis and Larry Roth both confirmed to all that it would be a conflict for the SRS to take custody of my daughter through a Child In Need of Care Petition. They also agreed that they were working on SED Waivers and Wrap Around Processes to accommodate my daughter’s needs.
April 24, 2000
Lee J. Davidson files VERIFIED APPLICATION FOR EX PARTE ORDER OF PROTECTIVE CUSTODY. This refers to a wrap-around meeting held on April 5, 2000 regarding the child. Mr. Davidson does not have the facts. This application states information totally the opposite from what was decided in this meeting that was called by myself - not any of them. ORDER OF PROTECTIVE CUSTODY granted by Thomas H. Graber. CERTIFICATE OF ORAL NOTICE OF TEMPORARY CUSTODY HEARING filed with the court. This paper states that I and my daughter's father were both notified at 2:30 p.m. by answering machine. I have voice mail at work and an answering machine at home. I did not ever receive any such message. Dennis Whiterock was incarcerated at the Sedgwick County Work Release Facility and was not notified either. Dennis Whiterock's parents did not have a phone at this time. This is a notice of hearing set for 8:30 a.m. on April 26, 200 at the Sumner County Courthouse. CHILD IN NEED OF CARE PETITION filed by Lee J. Davidson. Again, discrepancies with this documentation.
I was notified by a nurse at Via Christi St. Joseph that my daughter had been taken into the State of Kansas Department of Social and Rehabilitation Services Custody as a Child in Need of Care. Apparently my insurance company ceased paying for her hospital care due to the fact that her doctor failed to provide proper information to the insurance company. In essence my daughter was taken from me like a thief in the night. The State of Kansas Department of Social and Rehabilitation Services claimed that they had a right to take her due to financial reasons. Several individuals have informed me that this is illegal. I still can not get anyone to tell me what happened to the SRS and Sumner Mental Health Center efforts in providing the SED Waivers
April 24, 2000 (Continued)
and Wrap Around Processes that they assured me they would acquire. My daughter is Navajo, she is registered on the Navajo Roll and does have a Certificate of Indian Blood.
April 25, 2000
ORDER APPOINTING GUARDIAN AD LITEM - Troy Dierking.
Arrived home from work at approximately 4:45 p.m. found a Youthville envelope on the front door of my house that simply said "Court @ 8:30 a.m.". My neighbor Betty Zeiner said that a car driven by a man and a van driven by a woman had come to my house at approximately 4:00 p.m. and the lady went to my front door and left something. Betty says that the woman was pregnant and had a bunch of kids in the van. Betty did not know if my daughter was in the van or not. I called the courthouse in Sumner County and asked if there were any court hearings scheduled that would involve me. Dee Andrews said that Yes I was scheduled to be in court the following morning at 8:30 a.m. and that I would need to contact my attorney for additional information. I informed her I did not have an attorney to contact - she stated that maybe I should get one. I called Youthville in Wellington, KS and was connected with Lena Grill who stated that she was a caseworker and that she had taken custody of my daughter away from me - if I have a problem with this I need to come to court the next morning. I asked why there had not been any notification of this court hearing and what kind of a hearing was this to be. Lena stated that maybe I had better show up if I wanted to know. I called the Sedgwick County Work Release Facility and asked to speak to the officer in charge. I stated what the situation was with my daughter and that I had been made aware of a court hearing the next morning. I needed to know if my daughter's father Dennis Whiterock had been notified. Several phone calls back and forth with the Work Release Facility - they finally had Dennis Whiterock call me. I explained the best I could as to what I was aware of in regards to my daughter and the hearing the next day. It was decided by the warden that Dennis would be allowed to attend but that he would need to bring papers from the court back to the facility to verify. I contacted the neighbors of Shirley Whiterock and asked them to have her call me back collect. Shirley called and agreed to pick Dennis up the following morning and bring him to court.
April 26, 2000
I, my parents, Nancy Strickland and Linda Zeiner showed up at the courthouse at approximately 8:00 a.m. Michelle Davis, SRS, immediately came up to me in the hall and started telling me "How things were going to be". I noticed my ex-husband Dennis Whiterock and his mother Shirley Whiterock coming up the stairs. I informed Michelle that if she would "hold that thought" there was a gentleman coming up the stairs that would be very interested in hearing what she had to say also. The look on Michelle's face was disgusted - she asked did I get an attorney? I stated "No, I don't have an attorney, please meet Dennis Whiterock - my daughter's father". Michelle screamed and ran down the hall to a room. When Michelle came out of the room several minutes later she was accompanied by Lena Grill and Leslyn Allen-Thompson. They stated that they would like us to come down to the room and talk with them. We all went
April 26, 2000 (Continued)
to the room. A Sumner County Sheriff's Officer entered the room and served papers on Dennis and I.
Dennis obtained Shawn DeJarnett has legal representation for him and I. We decided that we were going to fight this together in the best interest of our daughter. Dennis said that he would pay for the attorney due to the fact that he owes me 14 years of back child support/alimony. This is the reason that he was in the Sedgwick County Work Release Facility.
My daughter was transferred to PrairieView Hospital.
Lena Grill, Youthville and Michelle Davis, SRS approved my daughter for several off-site visits with Pamela Crocker a nurse who I had lodged grievances against at Charter Hospital and Via Christi St. Joseph Hospital. The family has not been allowed any contact with my daughter.
May 2, 2000
Shawn DeJarnett met with Dennis Whiterock and I in a room at the courthouse. He immediately started working on Dennis attempting to make Dennis dump me on this endeavor. He stated that he was very uncomfortable working for me on this case due to the fact Dennis and I were divorced, since Dennis was going to pay him he would rather work just for him. Shawn informed Dennis and I that I could represent myself and that he would give me legal advice on the side for free if I felt like I was getting in over my head. Dennis and I maintained our position that we wanted representation for the both of us together. We did not want to go into that court room without representation. TEMPORARY CUSTODY HEARING. Thomas H. Graber granted temporary custody of my daughter to the State of Kansas. Child Support in regards to both parents was to be taken under advisement.
May 15, 2000
I, my parents, Nancy Strickland and Dennis Whiterock arrived at the courthouse for the scheduled court hearing. We waited 1 1/2 hours and then we were told by Dee Andrews that there wouldn't be a hearing that day. The judge was sick. Michelle Davis informed us that we were to report to Youthville for a case planning meeting. We went to Youthville. This meeting was attended by myself, my mom and dad, Dennis Whiterock, Nancy Strickland, Lena Grill, Michelle Davis, Leslyn Allen-Thompson and Sean Bracy (a former Charter Hospital employee). Dennis and I were again asked to sign over our rights to our daughter. We refused. Dennis was told that he had to submit to a KBI background check. He did. I stated that I had some concerns as to what was going on with my daughter. I was not being provided any information and I was
May 15, 2000 (Continued)
not being allowed any contact with my daughter. Lena Grill told me to shut up! Lena stated that she was going to conduct the meeting. She proceeded to tell us what was going to be expected of Dennis and I. Again I had a question. Michelle Davis told me to shut up that they were not going to listen to me and that I just needed to change my attitude and listen to what I was supposed to do and that I had better start agreeing with what they had to say. At that point my dad told Michelle Davis that she was violating our rights. Dad stated that the taxpayers money should be used in helping parents and children not in hiring people like her to abuse the parents. My dad told all of us that this meeting was over and that they (Youthville and SRS) would need to speak to our attorneys from that point forward. We got up and left the facility with Michelle and Lena yelling at me that I would be sorry. I went home and at my father's request called Vern Miller (my former employer) and asked about who to hire as an attorney for this situation.
May 16, 2000
Received a phone call from Jon Womack, attorney. Jon stated that he was calling me at Vern Miller's request. We spoke at great length at what had happened up to this point. Jon informed me I had the possibility of several civil lawsuits against all of the individuals I had been in contact with since January 5, 2000. He agreed to take my case as soon as I released Shawn DeJarnett.
May 17, 2000
NOTICE OF HEARING IN REGARD TO PLACEMENT OF CHILD scheduled for June 5, 2000. Sent to the maternal and paternal grandparents only.
May 19, 2000
Nancy Strickland and I met with Jon Womack. I presented Jon Womack with my parents' check for $1,000.00 and obtained him as counsel on my behalf on this case.
Gail Unruh-Revell, PrairieView therapist became aware of the sapphire and diamond ring Pamela Crocker had given my daughter. Gail decides these visits with Pam should cease.
June 5, 2000
Court Hearing. The Court found that my daughter is a Child in Need of Care. It is in the child's best interest to remain in an out-of-home placement, in the custody of SRS. The Court found that emergency conditions existed at the time of the out-of-home placement which did not allow adequate opportunity to provide in-home services to prevent the out-of-home placement. The Court found that the child should not have any contact, direct, or indirect with Ms. Pam Crocker. My request for the child to submit to an independent psychological evaluation should be approved. (THIS NEVER HAPPENED!) Set for disposition on July 3, 2000 at 10:00 a.m.
June 29, 2000
The Court ordered that PrairieView is authorized to disclose, disseminate and otherwise share information with any interested parties, and social service providers, including the natural mother, and her attorney, Mr. Jon Womack in this matter without further order of the Court.
July 3, 2000
The Court set for disposition on July 17, 2000 at 10:00 a.m.
July 17, 2000
Review Hearing. The Court approved the reintegration plan submitted by SRS on the natural father. Nothing said about a reintegration plan for the natural mother. Child to remain in current placement (PrairieView Hospital). Administrative Review Hearing set for August 28, 2000 at 8:30 a.m. to review the progress that has been made toward a placement. I was asked by the Court to complete another Financial Affidavit. I completed this and submitted to the Court.
August 11, 2000
My daughter taken to a hospital by ambulance for asthma attack.
August 14, 2000
5:00 p.m. Received a phone call from Linda Street, Caseworker at The Saint Francis Academy informing me that my daughter was at the Demolition Derby at the Sumner County Fair in Caldwell, Kansas on August 11, 2000 when she was overcome by the dirt and the dust. She was taken to the paramedics at the ambulance on-site where it was determined that her asthma attack was serious and that she needed to be transported to a hospital. My daughter was transported to a hospital. This caseworker would not tell me what hospital or what my daughter's current condition was or what my daughter's current location was.
August 28, 2000
Administrative Review Hearing. The Court found that the current placement is serving the child's needs. The Court found that reasonable efforts have been made by the SRS to effectuate a reunification with the natural parents and it would be contrary to the child's welfare to be returned to the home, it is in the child's best interest to remain in an out-of-home placement, in the custody of SRS.
August 29, 2000
Received Certificate of Completion for successful completion of the Support For Children Parenting Classes, Parenting 1, Parenting 2, and Parenting 3 from Episcopal Social Service at Venture House.
October 28, 2000
Received a phone call from Janet Slanker, The Saint Francis Academy. Janet wanted to discuss my daughter’s insurance and medical information. It was requested by Eastridge that I change my daughter’s primary physician on my insurance to a doctor in Winfield or Ark City so that they wouldn’t have to transport my daughter to Wichita every time she has a medical problem. I stated that my daughter’s physician is Dr. Raman Chopra in Wichita, Kansas. This is also my other children's’ physician. I am only able to change physician’s one time per year. I am not willing to change physicians due to the fact this is our family pediatrician, my daughter is supposed to be involved in a reintegration plan, this would not be a good move in my opinion. Apparently prescriptions for my daughter have been called in and filled by Taylor Drug in Arkansas City. My insurance has declined payment. My insurance is set up with Dillons pharmacies. There is a Dillons pharmacy in Winfield. My suggestion is that if they want my insurance to pay for my daughter’s prescriptions then they had better be filled at a Dillons pharmacy. I asked Janet what my daughter’s current drug list consisted of. She stated Flovent and Combivent.
November 8, 2000
My daughter's paternal grandfather Joe Whiterock passed away.
MOTION TO WITHDRAW AS COUNSEL - Shawn R. DeJarnett, attorney for the Natural Father, Dennis Whiterock due to being unable to effectively communicate with the Natural Father and unable to prepare for hearing in this matter. NOTICE OF HEARING - scheduled for November 20, 2000 at 10:00 a.m. The above named juvenile (intentionally left blank due to confidentiality) and a parent and any other person having legal custody of the juvenile are required to be present. Failure to appear may cause the juvenile to be taken into custody and brought before the court.
November 9, 2000
Grandma Whiterock, Aunt Anna Whiterock, Aunt Susan Whiterock, Aunt Jo Whiterock and Cousin Joshua Whiterock wanted to go to Eastridge and notify my daughter that her grandfather had passed away. This request was denied. The Whiterock family then asked if I the mother could please inform my daughter in person. This request was also denied. Janet Slanker told me to have the three aunts "flip a coin" and that she would allow one of them to inform my daughter. When ONE of the paternal aunts was FINALLY granted a few minutes at Eastridge under Janet Slanker’s watchful eye along with a lady identified as the “Eastridge Mom”, my daughter’s Aunt
November 9, 2000 (Continued)
Susan Whiterock was allowed to tell my daughter of her grandfather’s death. Susan reported to myself and Nancy Strickland that my daughter was visibly stunned by the news and looked to the “Eastridge Mom” and Janet Slanker at which time my daughter was informed by Janet Slanker that she thought it would probably be okay for her to cry.
At 4:15 p.m. Nancy Strickland and I decided we were going to have to go in to Eastridge and ask for Susan to come out due to the fact we had to have Susan back in Wichita for work by 5:00 p.m. Upon Nancy and I approaching the facility of Eastridge Susan reports that Janet Slanker and the Eastridge mom said “Run, here comes your mom!” My daughter was grabbed out of Susan’s arms and ran down a hall and around a corner. Nancy and I never even got as far as the front door of the facility when Susan came flying out yelling, “They grabbed her! Right out of my arms! They grabbed her!” Nancy and I were trying to determine what in the world was going on when Janet Slanker appeared with a very smug look on her face and stated to me that she would be talking with the aunts regarding the subject of my daughter’s grandfather’s death and that this was none of my business. Janet Slanker also informed Susan Whiterock that if she or any other members of the Whiterock family wanted any contact with my daughter they would have to come to Janet's office and sign papers for a KBI background check.
November 20, 2000
I have started the process of trying to have my daughter admitted to Main Place Youth located in Kingman, Kansas. This is a Teen Challenge Organization of which I have been aware of since my youth. Connie Masters has referred me to Dottie Freeman, Administrator. Dottie has had experience dealing with the State of Kansas and adolescent females. Main Place Youth admits girls in the State’s custody with funding provided by the State. My feelings are that once my daughter has been detoxed this would be an acceptable placement for her. REVIEW HEARING. The Court found that this matter should be set for a Review Hearing on December 4, 2000 at 9:00 a.m. SRS, SFA submit to the Court their recommendations and objections regarding the requests for the holiday visits. Mr. DeJarnett filed a Motion to Withdraw as counsel for the natural father, the Court inquired of the parties if there were any objections, there were none, the Court sustained the Motion.
November 30, 2000
8:05 a.m. Left voice mail for Jon Womack to call me. My mom and I attended my daughter's med check at Sumner Mental Health with Dr. Kevin Holloway and Janet Slanker. Dr. Holloway asked my daughter what meds she was currently on - the name, the dose and the frequency. my daughter stated she was having problems with the drugs. She doesn't kow what she is doing or what she has done. The staff at Eastridge has to tell her. Nurse Jason, Eastridge has told my daughter that if she is taken off her current drugs it will cause her lots of problems - insomnia, etc. My daughter stated that there had been two separate events of the staff at Eastridge not giving her any of her prescribed drugs for 6 and 7 days at a time. Mr. Bob of Eastridge had
November 30, 2000 (Continued)
written 3 variances on my daughter's meds. Janet Slanker intervened and interrupted my daughter telling the doctor about her difficulties with the drugs. Janet stated that she didn't think any of the drugs should be changed - we have court on the following Monday - we need to see what comes out of that - my daughter needs to just come back to Dr. Holloway on December 20, 2000 at 1:15 p.m. and pick up the conversation with the Dr. about the drugs then. Dr. Holloway quicklin informed Janet Slanker that here was a child notifying him of problems with the drugs - this could not be put off or wait until 12/20/2000 it had to be addressed now. His decision was to drop the Seroquel from 100 mg to 75 mg. Dr. Holloway also provided a new prescription of Neurontin - this drug/dosage/frequency was not discussed. Dr. Holloway then stated that maybe there are some legalities involved with me being present at the med checks. It was obvious that he didn't like my mom or I being present in the room when my daughter was trying to tell him about her difficulties with the drugs. He was extremely nervous and very uncomfortable. Janet Slanker assured the Dr. that we would be in court 12/034/2000 and that she was going to request Judge Graber address these issues. My mom asked Janet why she had called me on a Saturday approximately 3 weeks ago and demanded to know why I wasn't participating in the med checks if she didn't think I needed to be there.
My daughter scheduled for Level 5 Office Visit with Dr. Raman Chopra
December 1, 2000
SFA pulled my daughter out of school - transported her to Wellington SFA office to talk to a "State Licensing" lady regarding the problems at Eastridge. My daughter was told not to let anyone at Eastridge know where she had spent the day because it could put her life in danger. (NOTE: I have identified the "State Licensing lady" as Carlene Valentine of KDHNE).
December 4, 2000
Prior to the court hearing I, my attorney Jon Womack, my friend Nancy Strickland, Janet Slanker, SFA, Karen Golle, SFA and Leslyn Allen-Thompson, SRS, met to review my concerns. My greatest concern at this point was the enormous number and amounts of drugs that my daughter was currently being given by so many different doctors. I provided listings of drugs from Dillons Pharmacy in Winfield, KS, Taylor Drug in Arkansas City, KS and a listing from Medicaid Pharmacy #2, whereabouts unknown. Janet Slanker maintained that her previous statement to Jon Womack on Friday, December 1, 2000 was still accurate - that my daughter was only on two drugs. When Jon Womack questioned Janet Slanker about the new prescriptions that my daughter had received on Thursday, November 30, 2000 which were in addition to the two Janet had confirmed, Janet stated "No, she is only taking two drugs". Jon then asked what about these other drugs that my client is being charged for. Janet Slanker then stated that there were other clients at Eastridge that didn't have insurance but needed those drugs. Jon Womack advised me at this point to contact my insurance company and prompt an investigation into the
December 4, 2000 (Continued)
drugs my daughter was receiving and the insurance company and Medicaid were being billed for. REVIEW HEARING. Mr. Jon Womack requested that this matter be set for a contested hearing on December 27, 2000 at 10:00 a.m. regarding the issues that have been raised in the report. This matter was set for hearing.
December 5, 2000
I contacted Brenda Smith in Pharmacy Management at Coventry Health Care (1-800-969-3343 x 2136) and discussed the problems with the drugs my daughter was being prescribed and given. I notified her of what Janet Slanker had stated prior to the court hearing on December 4, 2000. Brenda assured me that they would prompt an investigation into Insurance/Medicaid Fraud. Brenda advised me to contact Eastridge and request the return to pharmacy of any and all unused drugs. She also advised that I obtain a copy of Eastridge's Policy and Procedure for the disposal of unused drugs. If Eastridge won't/can't produce Certificate of Destruction (per pill/per dose) that is a sure sign that the meds are "out-of-control". These drugs are narcotics/controlled substance.
December 8, 2000
12:10 p.m. Called Jonell Ala, SRS - left voice mail and verbal message with the receptionist to be placed on the board for Jonell to return my call. 12:14 p.m. Called Christie Underwood, SFA - left voice mail for Christie needing confirmation that she was in receipt of my fax. Also spoke with Becky, SFA who confirmed receipt of the fax. I left a verbal message with Becky to have Christie call me. Becky stated that Christie should be back in the office at 1:00 or 1:30 p.m.
December 12, 2000
Lee J. Davidson files a MOTION FOR CONTINUANCE. Janet Slanker, SFA and Jonell Ala, SRS will be out of town on December 27, 2000. Motion for Continuance Hearing set for December 18, 2000 at 10:30 a.m.
December 22, 2000
My daughter scheduled for a Level 3 Office Visit with Dr. Raman Chopra
December 27, 2000
Journal Entry scheduling Contested Hearing for January 16, 2001 at 1:30 p.m.
January 9, 2001
Mike Hinton, Eastridge, Winfield, KS served Subpoena to appear in Court on January 16, 2001 at 1:30 p.m. to testify on behalf of the State of Kansas.
January 10, 2001
Jeanne Brown, Sumner Mental Health Center, Wellington, KS served Subpoena to appear in Court on January 16, 2001 at 1:30 p.m. to testify on behalf of the State of Kansas.
January 16, 2001
SRS and SFA informed the court that my daughter was quite content and happy in her placement at Eastridge in Winfield, KS issues regarding change of placement having been resolved. Reports from my daughter's employer (2 days employ) and the school (Winfield High School) are positive and encouraging. The child should remain in her current placement, until the end of the school year. If placement for the child at Eastridge is not possible, then another placement in the same school district should be sought, preferably a therapeutic foster placement should be considered. REVIEW HEARING scheduled for February 19, 2001 should be continued until February 26, 2001 at 10:00 a.m.
February 6, 2001
ORDER SETTING PERMANENCY HEARING set for April 10, 2001 at 9:30 a.m. This order was not filed with the Court until March 13, 2001 at 7:53 a.m.
My daughter scheduled for Level 3 Office Visit with Dr. Raman Chopra. Lab - Strep A/OIA.
February 26, 2001
REVIEW HEARING. The Court found that the current placement is serving the child's needs and this placement should continue. Visitation between the natural mother and the child should be at the recommendation of the child's therapist. The natural parents should complete their portions of the reintegration plans and they should submit to SFA verification of the completion of the plans. The child should continue in individual counseling. The natural mother should cooperate with the professionals involved and not make any derogatory remarks concerning them to the child. The natural mother should be supportive of the child in her placement or any other placement.
March 5, 2001
Received a phone call from Janet Slanker, The Saint Francis Academy. Janet informed me that there had been a court hearing on February 26, 2001. I was never notified of this hearing. I called my attorney in regards to this hearing - Jon Womack stated that he had received notice fo
March 5, 2001 (Continued)
this hearing however it was postmarked February 26, 2001- the date of the hearing. Did they send this notice to my attorney on their way out of the court room?????
March 13, 2001
NOTICE OF PERMANENCY HEARING filed with the court. I never received a copy of this notice. My mother's copy stated that my copy was sent to Wellington, Kansas. I have never resided or been employed in Wellington, Kansas.
March 19, 2001
My mother called to inform me she had received a Notice of Permanency Hearing scheduled for April 10, 2001. I did not receive this notice. This notice refers to a Court Hearing of February 6, 2001. I was never notified of the February 6, 2001 hearing.
March 20, 2001
I called Governor Graves hotline and lodged a complaint against the SRS and SFA. I was told that this would be investigated.
March 26, 2001
Received a Certified Letter from Janet Slanker, SFA stating that I am no longer allowed visits or even any contact with my daughter. There is no reasoning for this. The intent seems to be for the State of Kansas to sever all parental rights and they will probably succeed in doing so when they so blatantly continue to initiate a pattern of "No Notification".
Wrote letters to my U.S. Senators and U.S. Congressmen asking for help on this horrendous situation regarding my daughter. Received phone calls from the offices of these gentlemen stating that they don't typically get involved in these types of situations. It is not clear to me why these gentlemen are not concerned about State Offices such as the SRS and its subcontractors violating State and Federal Laws.
March 27, 2001
I received a phone call at work from a lady who identified herself as Judy Hawk, Chief. I asked Judy what tribe she was with. She stated that she was with the SRS and that she was not an Indian. She informed me that I had no right to call the Governor's hotline and "How dare you call that hotline and lodge a complaint against my workers!" I informed her that I had every right as a citizen to call that hotline - that is the purpose of it. I also informed Judy that I have rights as a parent and that I am confused as to why the SRS and it's subcontractors have difficulty in abiding by State and Federal laws. Judy asked me what laws I was referring to. I
March 27, 2001 (Continued)
stated that for one The Indian Child Welfare Act, 25 U.S.C. 1901 et. seq. Judy stated "Oh, that, well I have proof in my hand that we did that Indian thing". I asked her what proof she had on this subject. Judy stated that she had a copy of a letter from the Navajo Nation stating that they did not want anything to do with my daughter or my family. I asked Judy to fax this document to me. Judy responded that all records of the SRS are confidential and she couldn't. I then informed Judy that per 25 U.S.C. 1901 et. seq. that I the natural parent of an Indian Child had rights to any and all information regarding my child and that I would suggest she trot herself over to her fax machine and send this document to me at once or I would hang up the phone and call the Governor's office again and add her name to the list of violators. She said she would fax the document to me later that day. I informed her that I was sitting next to a fax machine right now and would appreciate her sending it now to enable us to speak intelligently with each other on the subject at hand. She then faxed me the document. The document was from the Navajo Nation addressed to Michelle Davis however it reflected that Michelle had not provided information accurately to the Navajo Nation. Judy stated that she would be talking to the case workers regarding this case and would get back with me as to my daughter's current situation and in regards to my request for complete SRS and SFA records on my daughter. I never heard from Judy Hawk again.
April 10, 2001
PERMANENCY HEARING. Mr. Jon Womack advised the Court that the natural mother wished to have this matter set for a contested hearing. This matter was set for a contested hearing on April 17, 2001 at 9:30 a.m. The Court found that the SRS should request a home study on the paternal aunt, Anna Whiterock, through Interstate Company in the State of Colorado.
June 25, 2001
Administrative Review Hearing. I was not allowed to attend. I submitted a letter via fax to Judge Graber stating that I would like very much to attend the hearing however my past requests have been denied. I stated that I had a situation that has occurred as a result of one of the court orders. The court order stated that Sumner Mental Health Center was to provide any information requested to the Navajo Nation. I am now receiving bills from SMHC. I have called SMHC numerous times and eventually received a message on my home answering machine from Greg Olsen, CEO, SMHC stating that this bill was for the copying of records that SMHC provided to the Navajo Nation. Greg stated that it was SMHC counsel's directive to bill me for this. The court order did not state anything in regards to myself. I am still confused on why I am being billed for something provided to another entity. This seems to be a situation of improper and illegal billing on behalf of SMHC.
June 27, 2001
Received a letter from Nancy Cathers, Secretary to Judge Graber dated June 25, 2001. Nancy states that she is in receipt of my fax to Judge Graber and that per the Judge's instructions, she has forwarded a copy of my correspondence to the office of Mr. Lee Davidson, Deputy County Attorney; Mr. Troy Dierking, Guardian Ad Litem; and Mr. Jon Womack, my attorney. She states that in the future I am to please correspond with counsel if I feel there are issues that should be brought to the Court's attention. I have consistently done this in the past to no avail. My attorney has requested numerous contested and evidentiary hearings. Our requests fall upon deaf ears. I don't think the Judge wants to hear any of my concerns. He appears to have his own agenda.
July 31, 2001
Received a phone call from Gus Abeita, NICWA. Gus wanted to do a phone interview with me for an article which is to appear in the National Magazine - Pathways. I submitted to an hour and a half interview with Gus. He stated that the National Indian Child Welfare Association was aware of what has been happening with my family and they are going to prompt their own investigation and try to provide help for me in some manner. Gus will send me a copy of the magazine once it is in print.
August 27, 2001
Review Hearing. Jonell Ala, SRS reports to the Court that SRS had reported inaccurately to the Court that my daughter was enrolled in a high school in Whitewater, Kansas as a Junior when she really was a sophomore. Jonell states that she is working on finding out why my daughter did not qualify as a Junior. She apparently has lost a total year of school credits. SRS does not know why. Jonell also reports to the Court that Anna Whiterock, my daughter's paternal aunt was not approved to have my daughter in her home. Judge Graber states that my attorney was not able to be in court and that my attorney and I were requesting an evidentiary hearing. Judge Graber asked me what it was that I had a problem with. I stated to the Court that conflicting information had been presented in reference to Anna Whiterock being approved/not approved for my daughter to live with. I have evidence of this and would like a hearing to present it to the Court. This request was not acknowledged any further. The Judge scheduled an Administrative Review Hearing for Monday, September 3, 2001 at 8:30 a.m. As soon as this hearing was concluded Jonell Ala stated to me that I could have a copy of the letter from Interstate Compact stating that Anna Whiterock was not approved. I asked her to please provide me with a copy. She did. I stated to Jonell that she had failed to provide me with the SRS and SFA report to the Court for this hearing. Jonell told me to go to the clerk's office and have them provide me with a copy. I proceeded to the clerk's office and made my request. I was provided with copies of these reports. In reviewing this reports I discovered that I was correct in my suspicions - Anna Whiterock had indeed been approved. The SRS and SFA had submitted reports to the Court that Anna Whiterock WAS APPROVED yet they verbally reported to the Court that she was not approved.
August 29, 2001
Received a phone call from Anna Marie Whiterock, she was very distressed over the situation with my daughter. Anna stated that Christie Underwood had ruined any chance for Anna to have any contact with my daughter. Christie had lied to the caseworker at Jefferson County Colorado and to the Interstate Compact on July 2, 2001 stating that she had spoken with Anna regarding my daughter going to Colorado and Anna had stated her reason for wanting my daughter was so that she could return my daughter to me. Anna had never even talked to Christie Underwood until August 22, 2001. Anna was distressed and very upset that Christie Underwood would lie in her reports to these agencies. I informed Anna that she needed to talk to these agencies and let them know what was going on. Anna stated that she had placed calls to SFA attempting to talk with Karen Golle, Christie's supervisor but Karen had not returned any of her phone calls. I place a call to Jon Womack at 3:29 p.m. and asked that he return my call.
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