Guest columnist: Family values aren't high on DCF's priority list
By Janie Gould
guest columnist
November 20, 2005

Source: www.tcpalm.com

Picture a little girl who is 7 or 8 years old. Give her a million freckles, straight brown hair right out of Madeline and a smile that lights up the world. Imagine her listening to Hilary Duff by day but asking her mom to tell her Fluffy and Fido stories at bedtime.

Now imagine that the little girl has to leave her mom, who is actually her foster mother, because the state Department of Children and Families has decided to reunite the child with her older sister, three years after the same agency decided the girls should NOT live together. Imagine that DCF posted the girls' pictures on the Internet in hopes of finding strangers willing to adopt both children. Now imagine what a bureaucrat said when someone pointed out that Lori had formed a strong bond with her foster mother: "She can just learn to bond to someone else."

I'm sure you've surmised that this is not fiction. It all started four years ago, when Lori was 4 and Jessica was 8. Late at night in September 2001, police officers and DCF workers were sent to their home and woke Lori up. (Jessica was spending the night at a friend's house.) Their mother and the mother's boyfriend had been fighting again, and neighbors called police. Officers took Lori to a foster home that night. Nobody told her why, so she thought it was more punishment for riding her bike on the street the day before.

DCF later placed the girls with a relative in Fort Myers, and then in two foster homes, before deciding to separate them. Jessica was bounced from one place to another before ending up in what DCF optimistically calls a therapeutic foster home. It was a dismal private residence in a rough section of Fort Pierce, and Jessica lived there for two years. DCF sent Lori to live with me in Indian River County.

I had just become a foster parent. The previous summer, at a meeting of Hibiscus Children's Center new guild in Indian River County, I learned that DCF had just awarded Hibiscus a contract to train foster parents. I signed up for reasons that were partly altruistic and partly selfish. I wanted to help a child, but also, as a 50-something single woman, I was suffering the pangs of unfulfilled maternal yearnings. So I took the 10-week course and received my foster-care license.


1'll never forget the morning that two caseworkers brought Lori to my home.It was Feb. 6, 2002. She was wearing her favorite green dress (she wanted to impress me, the workers said), and had the sweetest smile I had ever seen. Much later, she told me she smiled to cover up being scared, because she didn't know whether I would be "nice or mean."


Can you imagine being 5 years old (her birthday was in January) and having two grownups take you to a stranger's house and tell you this is where you are going to live ? I remember being surprised at how quickly the case workers left. They took a look around, handed me a file and were out the door.

During that first year, Lori and Jessica visited their mother every week. Their fathers were out of the picture,. I assumed the mother would do what was necessary to regain custody, but she didn't. By late 2003, she had formally surrendered her parental rights, and I was eager to adopt Lori. A DCF worker told me that it would probably take six months.


Instead, it turned out to be a nightmare that dragged on unnecessarily for 20 months. And all the while, Lori and Jessica languished in the peculiar limbo that is foster care.


Because it has privatized many of its services, DCF gave the case to Children's Home Society for pre-adoption work. A worker brought me the voluminous application in January 2004, and I went to work filling out forms. At our next meeting a month later, the worker told me the "sibling issue" hadn't been resolved. So I put the application aside, confident that the bureaucracy would realize that Lori would be devastated if she had to leave me. I knew also that a fully qualified former case worker wanted to adopt Jessica and that she lived in Port St. Lucie, so the girls could continue seeing each other regularly.


The bureaucrats started discussing the matter at- their interagency "staffings." DCF's lead spinoff group, United for Families, came to the table, as did Children's Home Society, Hibiscus Children's Center, Family Preservation Services, the Guardian ad Litem and others. They apparently talked about psychological reports and spouted glowing generalities about sibling bonds. I say apparently because no one encouraged me to attend, asked for my input or sent me the minutes.


Most of the decision-makers had never met Lori , Jessica or me.If they had talked to me, they would have learned a lot. For the previous two years, Lori and Jessica saw each other only because of my efforts. Lori and I picked up Jessica in Fort Pierce, and the three of us went to lunch, the beach, or occasionally back to my home in Indian River County for the day. I made sure the girls celebrated their birthdays together and exchanged gifts at Christmas. At the time, none of the salaried people in the system gave a hoot whether Lori and Jessica ever saw each other.


But by August 2004, the bureaucrats had decided to reunite Lori and Jessica and look for someone to adopt both of them. They assigned a subordinate to monitor a series of short play dates between the girls and come up with a report. They wanted something in writing that would justify what they already planned to do.


I was terrified that I would lose Lori, and with good reason. A case worker sitting in our living room told me that she probably would have to do the unpleasant task, and that it would get ugly. Knowing threats when I hear them, I realized that I needed an aggressive attorney. I was fortunate to get the services of Charlotte Danciu, a highly-regarded South Florida lawyer who isn't afraid of DCF and its vast array of taxpayer-funded resources. In August 2004, Danciu filed a petition asking the court to overrule DCF and let me adopt Lori. That wouldn't have been possible a few years ago, when the courts had little authority over DCF, but the legal climate was changing. About two years ago, the Florida Supreme Court ruled unanimously against DCF in a Palm Beach County adoption case. An appeals court shot down DCF on another issue related to adoptions. Both rulings were good news for us, I thought.


But DCF refused to budge in our case. Before a hearing last fall, DCF's local attorney huffed to attorney Michael Danciu, Charlotte's brother, that the agency was going to turn my requested adoption of Lori into a test case and "bankrupt" me. The state's lawyer treated me as if I were a sleazy plaintiff trying to get rich from a bogus slip-and-fall.


No one disputed my qualifications to adopt. I am well-educated, employed ,honest and healthy. I have never been arrested. I provide Lori with a stable home, and I love her as much as if she had been my daughter since birth. During three and a half years of home visits and licensing inspections by umpteen different people, I signed a pile of reports. Only one time did I see an adverse comment. It was from an Indian River County health inspector,.who reported that my :tap water was three degrees too high. To borrow a phrase from Dave Barry, I am not making this up.


We were scheduled to have a full hearing in December. Numerous witnesses, including Lori's teacher, her former therapist and the last foster parent who had cared for Lori and Jessica together, waited in the Indian River County courthouse to testify in our behalf. I was in the courtroom with both Dancius and a third lawyer, who would have filed an appeal if necessary. But the DCF lawyer had a stroke of luck. She learned that I hadn't completed the adoption application, so her agency never rejected it.


Circuit Judge Paul Kanarek gave me time to complete the application, which I turned over to the case worker in mid-December.. The bureaucrats were supposed to meet after Christmas and make their decision. When we went back to court in January, Kanarek asked the DCF lawyer to disclose the decision. Incredibly, or maybe not so incredibly, she wouldn't give him a straight answer. The judge had to practically step on her to get her to admit that DCF had decided not to let me adopt Lori, because they wanted to place both children together. That gave me the right to a full hearing, which Kanarek set for April 8.


Three more months went by, and DCF remained intransigent. Then, a psychological report surfaced that further bolstered our case. And, on April 4, four days before our hearing date, we delivered subpoenas to 18 employees of the involved agencies. A day or two later, DCF gave in and agreed to let the girls be adopted separately. Kanarek finalized my adoption of Lori on Sept. 29. Jessica's adoption by her new mom was postponed because of Hurricane Wilma but probably has been finalized by the time you read this.


So, our ordeal ended happily, but not because of DCF. Quite the opposite. Bear in mind that this agency has a national reputation for incompetence. Remember the little girl in Miami who DCF lost track of? How about the sibling group whom DCF allowed an Inverness couple to adopt? The couple was later charged with starving and torturing five of the the seven children.. Investigators said the couple pried off the children's fingernails and toenails with pliers and locked them in a closet as punishment for taking food. DCF's record in protecting children is abysmal, and yet the agency expended an untold amount of time and money, your tax money, on our case. Where are the priorities?

November is National Adoption Month, but DCF's adoption record is nothing to brag about. The agency states that no child should be in foster care for more than one year. Lori and Jessica were in limbo for nearly four years. DCF's own statistics show that 4,642 foster children in Florida are waiting to be adopted. Like Lori and Jessica, 37 percent, or 1,717, have been waiting more than three years. Child-welfare officials explain away such statistics by pointing out that older children are unadoptable because adults want infants or toddlers. But Lori was a preschooler when she entered the system. Now that she finally has the permanent home that every child deserves, she's in the third grade.


I know the outcome would have been different if Charlotte Dancui hadn't taken the case, and if the Guardian ad Litem's office hadn't supported us. That program assigns volunteers to serve as the child's representative in court. Doris Plym has been helping Lori and Jessica for nearly four years as their volunteer guardian. She knows the children better, and has more compassion and common sense, than any of the so-called professionals in the child-welfare agencies.


I will always be grateful, also, to the kind souls at our wonderful Trinity Episcopal Church, who offered prayers and support , to family members and other friends, including all those who do so much to support Hibiscus Children's Center; and to three individuals: my mother, Jean Gould, and Lori's godparents, Bob and Elaine Hameister. Lori and I are blessed to have such a strong support system.


Sadly, thousands of kids out there aren't as lucky as Lori or Jessica. I grieve for all children in foster-care limbo, and I'll never understand why DCF wasted so much time on us. With so many children out there needing good homes, DCF's agenda needs a thorough overhaul.


Janie Gould, a lifelong resident of Vero Beach, works at WQCS radio as oral-history facilitator. She is a local pianist and a member of the Indian River County board of Hibiscus Children's Center.

By the numbers

• Percentage of children waiting up to two years to be adopted: 41

• Percentage waiting up to three years: 22

• Percentage waiting more than three years: 37

Source: Department of Children and Families



© 2006 The Law Offices of Charlotte H. Danciu, P.A.
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