I am currently fighting in court to regain custody of all three of my children. My struggle has been long, but I'll try to make this brief. In 2005 I gave birth to my daughter, Emma. Soon after we where released to go home Hurricane Rita struck. We where forced to relocate to Houston and stay in a shelter of approx 250 people. I was terrified. I am ashamed to admit it, but I began using meth to stay awake while my children slept. (Several men had already been arrested for sexually abusing children at the shelter). I felt like I just couldn't allow myself to fall asleep.
We where shuffled around for a few months and then found an apartment. I knew I had a problem but I was scared and ashamed. Soon after, my mother was diagnosed with cancer so I returned to our home town. We had no home so we where placed in a FEMA trailer and then forgotten. I was very depressed, I didn't know it at the time but I was suffering from post traumatic stress syndrome. I begged for help, calling every agency I could think of. Each response was the same; they wanted to know if my children had been removed by CPS. When I told them no they all replied that I didn't qualify for any funding.
Then in July of 2007 I went into the hospital due to irregular bleeding and was informed that I was expecting and that I was at the end of my second trimester! I was terrified at the thought of hurting my poor defenseless infant. I immediately told anyone who would listen about my problem. It got me nowhere! Luckily I was able to get in to see a specialist ob-gyn (she was my mother’s cancer doctor). We sat down and I confided everything to her. Even exaggerating slightly so that any possible treatment available would be given. I even went to Houston to have a schedule 2 ultrasound of the babie’s heart. Because there was no help to be found, I began the painful process of detoxifying all by myself. My doctor was great; she set me up with counseling and saw me weekly. She stopped whatever she was doing any time I called and spoke to me personally.
In October 2007 I went into labor. At the hospital I was given a urine drug screening and the results confirmed that I had not taken anything illegal. I did have trace amounts of a prescription sedative, but my Ob was aware of that. A few days later a nurse came to visit me in my room and she told me that my son's nurse had ordered a Meconium drug screening. My Ob explained that a Meconium test would go back much further, to approx my first trimester. The results of the test did show trace amounts of meth, but my Ob and I where expecting that it would. The following day I was released from the hospital and went home.
That afternoon I received a visit from CPS. The investigator immediately began drilling me with questions that at that time made little sense. She said that she was there to offer me "services" for my "problem". I was fuming! Now, after it was of little consequence I was being offered "services". I simply informed her that I did not need any of her services, and that I had a physician who was already meeting all of my medical needs and was aware of any medical concerns I had. The investigator asked if I would be willing to send my children to stay with family while she worked through my case. I told her no. The following day she returned and said that she had gotten a copy of my son's drug screening and that she wanted me to begin a "service" plan.
She demanded to see me and the children right then. So, I bundled up my son and came to the door. I told her that my daughter had spent the night at her great-grandparents and she would be home that afternoon. I then let her look over my son to confirm his safety. She said that she had been by earlier that week and no one had been home. (We had a Dr.’s appt) After she was done she left the property and I assumed all was fine. Within an hour she returned with the police. She said she was there to take my children and place them in foster care.
First I asked her why she wanted to remove the children. She said that because we had not been home earlier that week she could not verify that I had not been left alone with my children. I told her she was nuts and that her logic was very far fetched. Then I asked to see her warrant authorizing her to do such a thing. I also asked the police officers to see their warrant giving them permission to enter my property and kidnap my children. No one had a warrant or any legal document for that matter. The investigator said that she didn't need one and the police where clueless as to what they where doing. I told each of them that they would have to kill me first because I wasn't going to just turn over my family at her request.
I was arrested and thrown in jail. My children where placed in foster care and I wasn't even allowed to see them. Sense that day, I have been ordered to begin a state funded rehab and I have not been allowed to see my children but once. I don't know how long this is going to drag on. It seems there's no end in sight. I can barely breathe my heart aches so badly. CPS stole my heart, the very reason I exist. Can no one help me?
BELOW IS AN UPDATE ON THIS STORY.
Dear Friend,
Where have all of our civil rights gone? All people are supposed to be by nature free and independent having inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy. Nothing should supersede or modify any provision of the Constitution, including the guarantees that a person may not be deprived of life, liberty, or property without due process of law, or denied equal protection of the laws. Who should a person turn to when the very system established to protect them has robbed, raped, and betrayed them? Is it possible for our government agencies to evade prosecution from the very laws founded by our four-fathers; protected and defended by our American soldiers. When it is our government that is liable, who can American citizens turn to for justice? My family has been shocked at the events that have taken place, the breaking of laws, stomping of civil rights, and hiding under the 'color of the law'! My family needs protection and deserves justice.
I am a desperate mother in need of assistance concerning a Family Law court case being held in Orange County, Texas. It feels as though it has been an eternity, over a year has passed since the Department of Family Protective Services forcibly kidnapped my three small children at gun point; with the aid of the local Sheriff's Department. I have wonderful children; a twelve year old son Keigayn, a two year old daughter Emma, and an infant son Jason born just last October 13th.
My family, like many others, was devastated by hurricane Rita in 2005 leaving us homeless and feeling helpless. I had just given birth to my daughter and been released from the hospital days before we were notified to evacuate. I remember it like it was just yesterday. The heat was unbearable and traffic was at a stand-still, after nine hours we had only moved a little more than seven or eight miles. Needless to say, with a brand new infant and no a/c in our vehicle, we were forced to turn around and head back home. The hurricane hit in the middle of the night at about 2 a.m., throwing trees and power lines, ripping through houses and buildings as if they were made of mere paper. After the hurricane had passed it was like a nightmare; we had no idea how bad things really were. Because we had all intentions on evacuating we weren't prepared at all. We had no supplies, food, batteries, or even water! The following day the heat was so extreme that my infant daughter refused to eat and went into a seizure. There weren't any hospitals open, but by the grace of God we found out about an open triage unit located in a neighboring city. The doctor informed us that we had to leave and head for Houston because my daughter just couldn't take the heat and simply would not survive in the current conditions. During our drive we heard that the Red Cross was supposed to be passing out ice and supplies. I felt so relieved that I couldn't stop crying. I hold a vivid picture in my memory of the police officer's face as we pulled into the parking lot. As I cradled my newborn daughter in my arms my eyes locked with those of the officer, I began to shake and tremble as the tears rolled down my face. All he could do was shake his head back and forth. There was no ice. There was no help. The police officers explained that they were stranded along with their own families, just like the rest of us. So on a wing and a prayer we left out toward Houston. We had no money and no idea where we would go. By the grace of God we made it into Houston and found a shelter located in a church. We were bounced around daily from shelter to shelter, just as soon as one would open it would close down due to lack of funding. I am very ashamed to admit it, but I started taking more and more of my medication. I just couldn't believe that this was really happening to me, to my family.
In July of 2007 I learned that I was expecting and I was horrified! I had been using something pretty much daily for several months. After having my daughter I was told that I couldn't get pregnant naturally. I felt so disgusted with myself; with what I had been doing to my unborn child. I immediately sought the care of an Ob-gyn specialist. She is the head ob-gyn at Memorial Hermann Hospital. During my very first visit I confided everything to her in detail, and made sure that every possible test would be performed. I made sure that she understood my first and only concern was for my unborn child. At that time I searched for help for my addiction but there was none to be found. So I began the painful struggle of detoxification on my own. Finally my life was beginning to turn around.
To my dismay just one month before my son was born The Department of Family Protective Services set their sights on me. I had left my 13 yr old son at home with a friend (Chad J.) while I ran to the corner store. As I pulled into the drive way Chad sprinted out the door towards me, he looked frantic as he explained that a woman claiming to work for the government was waiting in my home. Chad explained to me that the woman was speaking to my son in my bedroom! I was shocked to find that this woman had shut the door so that she was alone with my son sitting on my bed! As soon as I opened the door she jumped up. The woman introduced herself as Jamie Luman, a case worker for the D.F.P.S. Mrs. Luman said that she had just began speaking with my son and wanted to ask him "a few questions". Lucky for me, I already knew my rights! I told Mrs. Luman that she did not have permission to be in my home much less speak to my children. I requested an attorney be provided for my children if and when they were questioned. Mrs. Luman assured me that she had not yet begun questioning Keigayn and that she had recorded what little conversation they had. (I later learned that Mrs. Luman had not recorded their conversation, and during court Mrs. Luman testified to a long conversation between herself and my son). The snide caseworker stated that she was there to offer me help with my "problem" and that she wanted to provide me with "services". I explained that I did not need her assistance and that I was already under the care of a wonderful physician. As we spoke I pulled out my own tape recorder so that I could record the interview. As soon as she laid eyes on the recorder she refused to speak, stating she would have to call her supervisor and receive permission. Of course her supervisor told her not to finish the interview; so she had no choice but to leave. The following month I delivered a healthy baby boy.
The case worker returned on October 17,2007. My son had not been released from the hospital yet and Mrs. Luman used that to her advantage. My mother was staying with me at my home to help out, as she did after each of my pregnancies. Mrs. Luman asked me and my mother to sign "a voluntary family safety plan" stating that my mom would be with me and my children. The caseworker said it would be helping her out and that it would only be temporary while she finished up her paperwork. Looking at it I thought it seemed harmless. What did it matter, my mother was planning on being there anyway's? (My stupidity makes me sick!) We both signed the plan and she left. The following day I went to the hospital to bring my son home. Days went by without so much as a phone call; I assumed that everything had ended.
Then on October 26, 2007 Mrs. Jaime Luman, employee of The Department of Family Protective Services, violated the law kidnapping my children without probable cause of immanent danger or a necessary warrant; the state has sense held my children ransom. (Mrs. Jaime Luman, The Department of Family Protective Services, City of Vidor ,and the County of Orange, violated Article 1 Declaration of Rights Sec 13. The right guaranteeing a person to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches & Title 18, U.S.C., Section 1203 Part 1 Chapter 55. Kidnapping and Involuntary servitude which is prohibited except to punish crime). The caseworker showed up at my mother's home with an army of law enforcement officers. It soon became a stand-off when I refused to hand over my children. My newborn son was the only child present because I had sent my daughter (Emma) to spend the night with her paternal great grandparents and my eldest son was staying with his grandmother in New Mexico. I repeatedly demanded to see a warrant but neither the caseworker nor the officers was able to produce one. I told the police officers that they were violating my civil rights and to my surprise they fell back to our property line, standing in our road. Multiple family members were present as well as several neighbors and a handful of family friends. Each person offered to do what ever was necessary to prevent the removal of my children. The caseworker refused to cooperate. After I spoke with several of the officers explaining to them that they were making a terrible mistake a few of them actually admitted that they were uncertain of the laws regarding our situation. The lead officer said he had decided that he was going to call in and check with the D.A. Mrs. Luman heard this and offered to call herself. She instead called the CPS attorney, the assistant D.A. Mrs. Mandi White Rodgers. After a short conversation between Mrs. Luman and Mrs. Rodgers the line was transferred over to the lead officer's cell phone where it was then placed on speaker phone. Mrs. Rodgers told the police officers that CPS could legally take possession of a child without obtaining a warrant; but she did not tell the officers that there must be a fear of immanent danger present in order to legalize the removal! My heart dropped as the officer hung up the phone. Mean while during all of the commotion my younger sister had stowed away with my newborn son; taking him to a nearby relatives. As I walked back up the drive way towards the house I noticed my family members quietly smiling which I did think odd. One of the officers followed me into my mother's home so that he could collect my newborn for the case worker. To both of our surprise my baby was no where to be found. The officers kept asking me what I had done with my son. I answered them "I was with you (the police officers) out at the road the entire time". I couldn't help but to laugh. Over a dozen law enforcement and two CPS caseworkers outsmarted by my teenage sister! As they searched every inch of our property and questioned every one they became furious. Eventually they noticed that my sister was also missing and put two and two together. The lead officer called me and Jason out to the road and he asked if either one of us would press charges on my sister for kidnapping. I responded that I thought that I didn't have that right, after all weren't they there to take my children and give them to CPS? At that the officer swung me around and threw hand cuffs on me. Both myself and Jason were placed under arrest and thrown in jail. As I laid in that jail cell, still bleeding and cramping from the recent labor my every thought was of my children. Mrs. Luman claimed she felt compelled to remove my children on 10-26-2007 because of allegations she received on 09-07-2007. Mrs. Lumans' sheer lack of action proves either neglect on her part for the safety of my children; or that she honestly did not believe any immanent danger existed. Mrs. Luman has acted cruel and neglectfully towards each of my children and should be charged criminally for her actions!
Reunification between myself and my children is in my family's best interest. I have completed every requirement listed on the case plan provided to me by The Department, submitted character witness letters along with documentation from professionals proving I am indeed a fit and proper parent. During the court hearing the D.A., Mrs. Mandi White Rogers, deliberately and maliciously withheld this evidence from the court. (Prosecution has violated Title 18, U.S.C., Section 1001, knowingly and willfully falsifying, concealing, or covering up by any trick, scheme, or device a material fact). I was frantic when I discovered that my children had been thrown in a foster care facility. After my first hearing the judge placed my children with their paternal grandparents who they had never laid eyes on. I have been devastated because these people were very abusive towards their own children. Through out the past year I have repeatedly been denied what little rights were promised. Receiving only a handful of visits held at the Department under strict supervision; at the convenes of the case worker and appointed guardians. I believe that justice must be sought for my children and myself. When the actions make the best interest hearing a futile gesture there has been a violation of due process tainting the constitutionality of the termination of respondent's parental rights. After the first hearing my case was passed over to another case worker, Mrs. Lacie Sallenes. To my dismay she became fast friends with the paternal grandparents. It didn't take long for my children's grandparents to fall in love with them and begin fighting for custody. Because of this my case worker has refused to work with me. I have tried everything to win her over, but nothing seems to work. The twisted thing about it is that she sits in during each of my visits and watches as my daughter begs to come home with me. She has even stated that she knows how much my children love me and I them. The past year has been torture but I just kept reminding myself that I would soon be getting my children back. After putting me through hell just one week shy of the year cutoff date CPS announced in court that they were no longer trying for family reunification. They are now seeking for termination of rights! After they announced this to the court my attorney and I demanded a jury trial. The judge immediately set a date for the trial, but it won't be until April of next year! My one year old son hardly know me; he looks at me like I'm a stranger. I've been forced to miss all of his first milestones.
I feel that The Department should be made accountable for their actions, as well as the city of Vidor, and the county of Orange. Are you willing to help my family in seeking the justice we deserve? I will soon be returning to court for the final hearing before beginning trial. I am asking for your help in researching any information that could be beneficial to my case. Please feel free to forward my information to anyone that you feel may be willing and able to help me. I have listed similar cases below along with some of my rights that have been violated.
God Bless,
Lacey Walhood
The Bill of Rights
Amendment 4
Amendment 6
Amendment 7
Amendment 8
Amendment 9
Amendment 14
Court Cases
Cruz v. State of Maryland
Martinez vs. New Mexico
Walsh vs. Erie County D. F. P. S.
John and Jane Doe vs. Carla Heck, et al. |
