CARTER LAW FIRM

CARTER LAW FIRM Attorneys at Law 4555 Mansell Road Suite 300 Alpharetta, Georgia 30022 e-mail: hal@cartelaw.net Telephone: (770) 521-4377 Facsimile: (770) 619-3119 April 3, 2003 Commissioner Jim Martin Georgia Department of Human Resources 2 Peachtree Street, N.W. Atlanta, Georgia 303-3142 Re: In the Interest of Jordan Rose and Lauren Scobey Juvenile Court of Cherokee County Case No. 028-013-1161, 0 Dear Commissioner Martin: We appreciate your meeting with Claude and Barbara Rose and giving them an opportunity to personally air some of their complaints about DFACS in the above reference case. I write to give you a more complete list of the Roses’ complaints. But, first, I want to tell you a little about Claude and Barbara. I know Claude and Barbara Rose from North Point Community Church. The Roses have been married almost 40 years. Claude and I have taught second grade Sunday school together. Claude has been wonderful with those kids. In addition to Holly, the Roses have another daughter who was a missionary in South America for several years. Today their oldest daughter is a mother of 3 who is married to a mechanical engineer working on the reconstruction of the Pentagon. In recent years the Roses have worked with children in various ways. Claude has served as a Boy Scout Master. The couple has served as Sunday school teachers, volunteer teen probation counselors, church youth club leaders, Muscular Dystrophy Children's Camp counselors and Foster Parents. From their children to their grandchildren to their volunteer work, the Roses have dedicated most of their lives to children. Many children are better off today because of knowing the Roses. As for the main purpose of this letter, following is a more complete list of the Roses complaints against DFACS in the above referenced matter involving their grandchildren. June 2001 While Jordan Rose was living with Claude and Barbara Rose before any deprivation complaint was filed, Cherokee Co. DFACS launched an investigation of Barbara Rose, claiming she had bipolar disorder and that Jordan Rose was at risk. Forsyth Co. DFACS investigated and told the Roses that it would report to Cherokee Co. DFACS that Barbara Rose was not bi-polar, that Jordan was not at risk and that he was in good hands. Summer 2001 Cherokee Co. DFACS called Holly Rose Scobey into its office and was accompanied by Barbara Rose. Cherokee Co. DFACS told Holly that she needed to take anger management and parenting classes. Holly told DFACS that she had five parenting class diplomas. They told Cherokee Co. DFACS that Steven Scobey had abused Holly and their children, Jordan and Lauren, and locked all of them out of their home. Holly told Cherokee Co. DFACS that what she needed was rent money or housing. Contrary to what DFACS does in other such cases and should have done in this case, DFACS did not offer Holly any housing help. Because of this, Holly gave Jordan to Claude and Barbara Rose to care for and, because Lauren was breastfeeding, Holly took Lauren with her to a battered women’s shelter. September 6, 2001 In violation of United States and Georgia and law, even though Claude and Barbara Rose were Jordan and Lauren’s grandparents and there was no threat to Jordan’s (or Lauren’s) safety while in the Roses’ care, Cherokee Co. DFACS took custody of Jordan from the Roses and took custody of Lauren from Holly. Cherokee Co. DFACS should not have taken custody of the children. Cherokee Co. DFACS should have left Jordan and Lauren in the custody of the Roses. September 2001 Cherokee Co. DFACS filed a deprivation complaint against Steve and Holly Scobey. The complaint stated that Jordan was living with Cherokee Co. DFACS. The Cherokee Co. DFACS complaint omitted that Jordan had been living with and had been supported by his grandparents, Claude and Barbara Rose, for most of his life. September 2001 In violation of U.S. law, Georgia law and DFACS policy, at the initial deprivation hearing, Cherokee Co. DFACS failed to recommend that blood relatives, such as Claude and Barbara Rose, be given custody of Jordan or Lauren. Instead, in violation of U.S. law, Georgia law and DFACS policy, Cherokee Co. DFACS sought and got court ordered custody of Jordan and Lauren. Also in violation of U.S. law, Georgia law and DFACS policy, after obtaining court ordered custody of Jordan and Lauren, Cherokee Co. DFACS placed the children with the Rogers, a foster care family, instead of with qualified blood relatives, like Claude and Barbara Rose. Cherokee Co. DFACS told the Rogers, the first foster family Jordan and Lauren were placed with that Jordan and Lauren would be with them long-term. Even though Claude and Barbara Rose (as well as Holly Rose Scobey) wanted custody of the children, Cherokee Co. DFACS falsely told the Rogers that the Rogers could probably adopt the children because there were no relatives who wanted them. On several occasions, Claude and Barbara Rose asked the DFACS caseworker why the children were not placed in their home. They were repeatedly told that they could not tell them why and that it was none of their business. 2 September 11, 2001 During a supervised visitation, Cherokee Co. DFACS workers stopped Holly Rose Scobey from breastfeeding Lauren claiming that medication Holly was taking was harmful to Lauren even though Cherokee Co. DFACS had been told that Holly’s medication was safe. Barbara Rose was forced to contact Holly’s doctor to contact Cherokee Co. DFACS that Holly’s medication was safe for Lauren Because Holly and the Roses were concerned about Steven Scobey having unsupervised visitation with Jordan and Lauren, they informed Cherokee Co. DFACS that Steven Scobey had a pornography addiction problem and provided proof. Cherokee Co. DFACS repeatedly told the Roses that Steven Scobey’s pornography use was none of their business. Eventually Steven Scobey was scheduled to appear for a psychosexual evaluation in July 2002, but as of the end of January 2003, it had still not been completed. September 2001 Also in violation of U.S. law, Georgia law and DFACS policy, Cherokee Co. DFACS placed the children with a second foster care family, instead of with qualified blood relatives, like Claude and Barbara Rose. September 2001 The Roses filed a written complaint against Co. Cherokee DFACS claiming Cherokee Co. DFACS had filed false allegations against Holly to gain custody of her children. September 21, 2001 During a supervised visitation at Cherokee Co. DFACS, the Roses and Holly Rose Scobey noticed that Lauren was bleeding from her rectum. Because Barbara Rose had previously been told by her doctor that any rectal bleeding is a serious symptom for anyone that should be attended to immediately, the Roses called in Cherokee Co. DFACS caseworker Tiffany Ford who acknowledged seeing the blood. The Roses and Holly Rose Scobey asked Tiffany Ford to have a doctor see Lauren that day. During this visit, Jordan collapsed with his eyes rolling back into his head during which Cherokee Co. DFACS stood and watched. While Jordan remained unconscious, Cherokee Co. DFACS required Holly and the Roses to leave. The Roses and Holly Rose Scobey asked Tiffany Ford to have a doctor see Jordan that day. In violation of DFACS policy, the children were not taken to a doctor that day. September 22, 2001 The Roses contacted Cherokee Co. DFACS urging that both children be taken to the doctor that day. In violation of DFACS policy, the children were not taken to a doctor that day. September 23, 2001 The Roses contacted Cherokee Co. DFACS urging that both children be taken to the doctor that day. In violation of DFACS policy, the children were not taken to a doctor that day. 3 September 24, 2001 The Roses contacted Cherokee Co. DFACS urging that both children be taken to the doctor that day. In violation of DFACS policy, the children were not taken to a doctor that day. Cherokee Co. DFACS did not give Holly notice of a September 25 meeting with Cherokee Co. DFACS until 9:00 PM, the night of September 24. September 25, 2001 Despite the Cherokee Co. DFACS letter stating that Holly would be able to participate in planning her children’s future and that a case plan would be developed which would be agreeable to her, Cherokee Co. DFACS formulated a case plan without allowing Holly’s participation. Threatening to take Holly to court for “not cooperating,” Cherokee Co. DFACS forced Holly to sign the plan without allowing her to completely read it or without allowing her to consult with her attorney about it. The Cherokee Co. DFACS required Holly to be psychologically evaluated and promised that DFACS would provide resources for the testing. Holly had an evaluation costing $680, but Cherokee Co. DFACS has only paid one-half of the evaluation cost. Holly was required to undergo a second evaluation costing $900. Cherokee Co. DFACS has not paid any of this evaluation cost. Jordan and Lauren still had not been taken to the doctor, a violation of DFACS’ own case plan, which stated that the children’s needs would be met in DFACS’ care. The Roses went to Cherokee Co. DFACS urging that both children be taken to the doctor that day. When the Roses spoke to Jonell Coursen, Tiffany Ford’s supervisor about this, Tiffany Ford denied ever seeing any blood or knowing about any problems with the children. In violation of DFACS policy, the children were not taken to a doctor that day. September 26, 2001 At a supervised visit at Cherokee Co. DFACS, Jordan cried for almost an hour and repeatedly told Holly that he did not like the second foster father and that his “butt hurt” and his “wee-wee hurt.” Concerned about sexual abuse, Holly and the Roses called a caseworker in and voiced their concerns about sexual abuse and, again, asked that Jordan see a doctor that day. In violation of DFACS policy, the children were not taken to a doctor that day. September 27, 2001 Cherokee Co. DFACS took Jordan and Lauren to see a doctor. Holly was not allowed to attend so called the doctor’s office to find out if Lauren was still bleeding from her rectum and if Jordan had been sexually abused. The doctor’s office knew nothing about any of the children’s problems the Roses had discussed with Cherokee Co. DFACS. The doctor’s office said the Cherokee Co. DFACS worker had not informed the doctor about any specific problems Jordan or Lauren had and said that the children were being seen only for a routine check-up. The Roses called the doctor’s office after the children’s examinations to find out about the children. The doctor’s office said that Cherokee Co. DFACS had instructed them not to speak to the mother or grandmother about the children. The Roses called Cherokee Co. DFACS to find out about the 4 children’s exams. Cherokee Co. DFACS told them that the children had colds and Lauren had an ear infection but, because the children were in the custody of the State, any other information about their condition such as sexual abuse was none of their business. October 16, 2001 In violation of U.S. law, Georgia law and DFACS policy, at the second deprivation hearing, Cherokee Co. DFACS failed to recommend that blood relatives, such as Claude and Barbara Rose, be given custody of Jordan or Lauren. Instead, in violation of U.S. law, Georgia law and DFACS policy, Cherokee Co. DFACS sought and got court ordered custody of Jordan and Lauren. Holly was represented at the hearing by appointed attorney Hope Pereira. Holly did not know about a conflict her attorney had because of her attorney seeking a position with DFACS. Without Holly’s approval and despite Holly’s disagreement, her attorney stipulated to the deprivation allegations against Holly leading to the Court finding that the children were deprived. Holly and the Roses dispute that the children were “deprived” under O.C.G.A. 15-112. The Roses wanted the children placed with them. But Holly’s attorney told the Roses that Cherokee Co. DFACS would not place the children with them because of the complaint the Roses had previously lodged against DFACS. As predicted, the Cherokee Co. DFACS placed the children with the children’s paternal grandmother and non-blood relative step-grandfather. October 2001 Barbara Rose called Judge Sumner’s office once to ask about the date of the next hearing in the case. Cherokee Co. DFACS falsely told Dr. David Smith that Barbara Rose had called Judge Sumner at his home. November 16, 2001 After the paternal grandmother and step-grandfather gave up the children, Cherokee Co. DFACS placed Jordan and Lauren with Claude and Barbara Rose. December 19, 2001 Without notifying Holly, Holly’s court appointed attorney called Barbara Rose to notify Barbara Rose that she was going to work for DFACS and would no longer be Holly’s attorney. June 4, 2002 After the children have been supported by and lived well with Claude and Barbara Rose for over 7 months, the Guardian Ad Litem filed an Emergency Motion to change custody of the children from the Roses to the paternal grandmother and step-grandfather based on false allegations supplied by Cherokee Co. DFACS that Barbara Rose had a bi-polar disorder and refused to take medication for it putting the children at risk. June 14, 2002 The Roses appeared at the hearing on the Emergency Motion with counsel and filed a Motion to Intervene to contest the allegations against them and oppose Jordan and Lauren being removed 5 from their care. The Roses’ were not allowed to attend and be heard at the Emergency Hearing. For the fifth time in nine months, Cherokee Co. DFACS again moved the children, removing Jordan and Lauren from the Roses’ care and placing them in the care of the paternal grandmother and step-grandfather in violation of O.C.G.A. 15-11-11 and the Due Process and Equal Protection guarantees of the United States and Georgia Constitutions. Also during the hearing which they were not allowed to attend and without affording the Roses notice or an opportunity to be heard, a Restraining Order was entered against the Roses having any further contact with Jordan and Lauren in violation of O.C.G.A. 15-11-11 and the Due Process and Equal Protection guarantees of the United States and Georgia Constitutions. The Restraining Order was issued against the Roses based on a video tape that the Roses made. Jordan’s psychologist asked the Roses to share it with Cherokee Co. DFACS. Since the hearing, the video has been viewed by lay people, news media, a psychologist and two juvenile court judges. None of them saw any basis in the video to take the children from the Roses or issue a Restraining Order against the Roses. The Roses were judged unfit to care for the children because they let them play with their chopsticks at the table at a Chinese restaurant and let their 3.5 year old grandson drive his plastic Fisher-Price toy car made for 3 year olds that DFACS and the court said was a go-cart. July 23, 2002 Having been told that the children would not be present, the Roses with Holly appeared for a Citizens Panel Review. Before the Citizen Panel Review began, even though the children were not present, Tiffany Ford tried to have the Roses arrested for violating the Restraining Order issued against the Roses having any contact with the children. Tiffany Ford told a police officer that the children were present, but the officer verified the children were not and did not arrest the Roses. (Tiffany Ford left the premises, later the paternal grandmother and step-grandfather showed up with the children so the Roses left the courthouse to avoid contact with Jordan and Lauren.) April 4, 2002 The Roses took Lauren for her one-year check-up and immunizations and Cherokee Co. DFACS was notified of about her immunizations. (Later in 2002 after Cherokee Co. DFACS placed the children with paternal grandmother and step-grandfather, the paternal grandmother and stepgrandfather also had Lauren immunized. This could have been very dangerous for Lauren. Cherokee Co. DFACS apparently failed to notify the paternal grandmother and step-grandfather that Lauren had already been immunized. Fall 2002 Because of secret allegations by the paternal grandmother and step-grandfather, Holly’s visitation with her children was restricted to supervised visits at Cherokee Co. DFACS. On several occasions, Holly left messages asking Cherokee Co. DFACS to set up a supervised visit with her children, without getting a return call. On several occasions, without notifying Holly, the paternal grandmother and step-grandfather have simply not taken the children to DFACS for Holly’s visits. Cherokee Co. DFACS has allowed this to occur apparently without attempting to stop it. On several occasions, claiming one child was sick the paternal grandmother and step- 6 grandfather have also not taken the children to DFACS for Holly’s visits. Cherokee Co. DFACS has allowed this to occur on several occasions apparently without attempting to determine if the paternal grandmother and step-grandfather claim of illness were legitimate or instead a way to prevent Holly from seeing her children. At one point over a 2 month period, Holly was only able to see her children one time. Judge Sumner told the parties that the paternal grandmother and step-grandfather should not be in the room during Holly’s visits with her children at Cherokee Co. DFACS. Despite this, the paternal grandmother and step-grandfather continued to remain in the room with Holly and the children anyway and Cherokee Co. DFACS has not done anything to stop it. When the children were placed with the Roses, Cherokee Co. DFACS told that Roses that they were not to take the children out-of-state unless both parents consented in writing and the Roses honored this. During one of Holly’s visitations at Cherokee Co. DFACS, the paternal stepgrandparent wanted Holly to agree to allow the paternal grandmother and step-grandfather to take the children to Tennessee. Holly would not agree and the paternal step-grandparent angrily cursed her in front of the children. Cherokee Co. DFACS did nothing to stop the paternal grandmother and step-grandfather from taking the children to Tennessee anyway. During Holly’s other visitations at Cherokee Co. DFACS and in the presence of the children, the paternal step-grandparent has abusively yelled at Holly, cursed Holly, told the children that they will never again live with their mother and that “Mommy is not good.” Cherokee Co. DFACS did nothing to stop the paternal step-grandparent. If the paternal step-grandparent speaks like this in the presence of Jordan and Lauren’s mother, Holly and the Roses fear what he is also saying to these innocent children behind Holly’s back. Despite such clear evidence as this, Cherokee Co. DFACS has not been concerned about the effect of this on Jordan and Lauren. October 30, 2002 Holly had a supervised visitation with her children in a Cherokee Co. DFACS office which was littered with push-pins, staples and paper clips. The later portion of the visit with the children was held in a Cherokee Co. DFACS conference room which had no electrical outlet safety covers and even had one outlet with exposed bare wires sticking out of the wall. December 2002 So the Roses could have contact with the children, Judge Sumner asked Cherokee Co. DFACS to draft an order rescinding the Roses’ Restraining Order for him to sign. According to Judge Sumner’s staff and the Clerk’s Office, Cherokee Co. DFACS has not provided an order to sign. The Roses submit that Cherokee County DFACS has failed to follow federal and state law while violating the Roses’ fundamental rights as well as the rights of their grand children. Additionally, the Roses submit that DFACS has failed to meet Jordan and Lauren’s medical, physical and emotional needs and has failed to act in the best interest of the children. The Roses believe that the secrecy that shrouds DFACS, leading to a lack of real oversight of DFACS and its actions is a root cause of the Roses’ and many others’ complaints against DFACS. After over 7 months in their care, Cherokee Co. DFACS took their grandchildren from the Roses without legitimate explanation and without allowing the Roses a hearing in violation of state and federal 7 law. Since June 14, 2002, the Roses have been prohibited from having any contact with their grandchildren. They want to see their grandchildren. They want their grandchildren returned. They believe that it is in the best interest of their grandchildren that they be returned. We believe that legally and morally their grandchildren should be returned. Thank you for meeting with us and receiving the Roses’ list of complaints against the Department of Family and Children Services. Please carefully review these complaints, thoroughly investigate them and let us hear from you. Sincerely, James H. Carter, Jr. CARTER LAW FIRM JHC/anw cc: Claude & Barbara Rose 8