INFORMATION CONTAINED IN THIS DOCUMENT IS CONFIDENTIAL AND DISSEMINATION IS PROHIBITED BY LAW.

Guardian ad Litem Report to the Court

Child/Children: TJRossDOB:11/20/05File:06 JA 1258

LydiaRoss07/16/0106 JA 1259

DianeSmith07/15/98 06 JA 1260

Type of hearing:Permenacy Planning ReviewTime: 9:00Date: 10/21/09

______

Honorable Judge:McKoy-Mitchell

Guardian ad Litem:June CleaverAttorney Advocate:Laurie Meilleur

Program Supervisor:Elaine Morris

YFS Worker:Angela Cano-JohnsonYFS Attorney:Kristina Graham

Mother: Latasha SmithMother’s Attorney: R. Lucey

Mother’s GAL Atty: S. Surles

______

Months in YFS Custody: 35

Number of Prior Placements: 3

Current Placement Information:

In this section please provide the name, date and type of placement. The children have been placed in the licensed foster home of Ms. Brigette Robinson since June 5, 2009.

GAL Contact with the Child(ren) Since the Last Court Date:

In this section please list each child and include the date and type of contact

  • TJ Ross – 8/31/09 Home Visit, 9/14/09 Home Visit, 9/24/09 Daycare Visit, 10/12/09 Home Visit
  • Lydia Ross -8/31/09 Home Visit, 9/14/09 Home Visit, 9/24/09 Daycare Visit, 10/12/09 Home Visit
  • Diane Smith - /31/09 Home Visit, 9/14/09 Home Visit, 9/24/09 Daycare Visit, 10/12/09 Home Visit

Person(s) interviewed/contacted:

In this section please list every person you have contacted or attempted to contact, as well as the date and type of contact. Also make sure to include their relationship to the case. We should always see at least attempted contact with the YFS Social Worker and the placement provider. If you have mentioned a person in the body of your report they should be listed here.

  • Brigette Robinson, Foster Mother - 8/31/09 HV, 9/14/09 email and HV, 9/25/09 email, 10/12/09 HV, 10/14/09 email
  • Ms. Sheila Graham, Gifted Little Ones Daycare - 9/14/09 Phone Call, 9/24/09 Daycare Visit
  • Angela Cano-Johnson, YFS Social Worker - 9/14/09 HV, 10/8/09 Team Meeting, 10/12/09 HV
  • Deanna Williams, Elon - 9/14/09 HV, 10/12/09 HV
  • Latasha Smith, Mother - 10/8/09 Team Meeting
  • Melanie Hawley, YFS Investigator - 10/8/09 Team Meeting
  • Sherrille Barber, Therapist for Lydia and Diane - 9/17/09 email, 10/14/09 voicemail
  • Ciny John, Nurse, Charlotte Perdiatrics - 9/22/09 phone call
  • Janet Toms, Receptionist, Smile Starters - 9/22/09 phone call
  • Ms. Rocket, Lydia's teacher, Clear Creek Elementary School - 9/23/09 phone call
  • Ms. Hall, Diane's teacher, Notheast Middle School - 9/22/09 voicemail left, 9/23/09 phone call

Court Proceedings History:

This section should be a brief court history to include the major hearings (ie non secure, adj/dispo, PPH, TPR) and the last hearing date and type.

On 11/3/06 a Non-secure custody order was filed alleging neglect and dependency due to continual drug abuse on the part of the mother, Ms. Smith. A Seven-Day Hearing was held on 11/8/06 and the children remained in YFS custody. The children were adjudicated neglected and dependent on 12/18/06. At the Permanency Planning Review Hearing #2 on 5/22/08 the goal was changed to Termination of Parental Rights/Adoption for all three children. The last hearing was held on 6/17/09 and was a Permanency Planning Review. At that time the goal changed to Termination of Parental Rights with a concurrent goal of Reunification. A petition for Termination of Parental Rights was filed on 9/3/09.

Current Assessment of the Needs and/or Progress of the Child(ren):

The entries in this section should be the current information from the last court date to the present. Please make sure to include who told you the information you are reporting. Please keep in mind that GAL’s do independent investigations and we should be obtaining our own information not just relying on YFS and the placement provider. This section will be the backbone of your recommendations for the children.

Medical/Dental

In this section please include all information pertaining to the child’s medical and dental exams or needs, as well as any current medications.

According to Ciny John, Nurse, Charlotte Perdiatrics,Diane and Lydia had complete physicals at Charlotte Pediatrics on 12/22/08 and TJ had a complete physical on 12/4/08. According to Ms. Robinson, foster mother, Diane has met subsequently with a nutritionist to focus on healthy eating habits and has lost some weight. Also according to Ms. John, no medical concerns have been noted for Lydia or TJ. The children were seen at Smile Starters on 5/27/09 according to Janet Toms, Receptionist, Smile Starters. Their next appointment is on 12/1/2009.

Educational

In this section please state where the child goes to school, what grade they are in, how they are progressing, if they have an IEP, what their current progress report indicates and any comments from teachers or school staff. If a child is not of school age, but attends day care put that information here.

TJ is eager to learn and is proud of what he can do. He attends Gifted Little Ones Daycare. According to Ms. Graham, Director, he has learned the parts of a book (author, illustrator, table of contents, etc.), can write many of his letters, can tell you how many weeks are in a month and months in a year, etc. He actively listens to stories read aloud and loves working puzzles. He stays in his seat when requested, helps to pick up materials, and is respectful of the teacher. He gets along with other students. He does get “wiggly” and might benefit from some good exercise as an outlet for that energy.

Lydia is in the third grade at Clear Creek Elementary School. She says she likes all of her subjects, but math is her favorite. She writes neatly and is a good speller. She was “Student of the Week” recently accroding to her teacher, Ms. Rockett. According to her progress report, reading is her most challenging subject and she is having some trouble paying attention. Despite being at a new school, she says she has made friends.

Diane is in the 6th grade at Northeast Middle School. She says she is doing “okay” with her subjects, but a recent progress report shows otherwise. According to her teacer Ms. Hall, plans are underway to team her with a peer for some tutoring. When asked, she told the GAL that she felt that she could bring her D’s up to C’s by the time report cards are out in 4 to 6 weeks. She says her subjects are hard. She has made two friends and is looking forward to an upcoming school dance.

Diane and Lydia are dropped off at Gifted Little Ones in the afternoon. The girls come in from school, have a meal and then begin to work on their homework at a table for older children. It is a large room, well-organized and packed with bright colors and educational materials. The teacher “Miss Sheila” Graham runs a tight ship and the children are well aware of the rules and expectations, but she is also warm and nurturing.

Developmental

If you have a child that you are concerned about having developmental delays you would note that here. Typically these are younger children who have not reached school yet. If you do not have any concerns simply enter “There are no developmental concerns at this time.”

According to his Ms. Graham, TJ seems to trip a lot and has a different gate then the other students. She reported that he may have some motor delays.

There are currently no developmental concerns for Diane or Lydia.

Psychological/Emotional

In this section please discuss how the children are doing emotionally. If they attend therapy please indicate how often and with whom. Also indicate if they are receiving medication management for a mental health issue. If the children aren’t in therapy and you think they should be this would be the section to document why, by describing behaviors reported to you.

Diane and Lydia are undergoing therapy with therapist Sherrille Barber. Diane is being seen at NC Neuropsychiatry for medication management for ADD.

Diane is dealing with a lot of emotions and she admits that she is sad and angry. The GAL and Diane talked about ways to deal with those feelings other than acting out. She saidwould like to have a journal so she can write down her thoughts at the end of the day. She had one before but it was lost in one of the placement moves. She needs to have one with a lock since she shares a room with her sister and says she is “nosy.” The GAL thinks this would be an excellent outlet for her to express her feelings and is totally appropriate for a young woman her age. The GAL informed Ms. Robinson of Diane' wish to have a journal. The GAL will follow up at the next home visit to see that Diane has been provided with one.

It is clear that the lack of closure of the issue is taking a huge toll on the children, especially the two girls. Diane is dealing with a lot of emotions and guilt and she admits that she is sad and angry all of the time. She has threatened to “act out” if she doesn’t get to go home. She has such a hard time focusing on her schoolwork that her grades are suffering. The fact that Lydia will not share her feelings with the GAL and won't make eye contact when asked about them indicates that she is not dealing with her feelings.

Social/Activities

Like all children foster children need to have social involvement and activities to participate in so please note them in this section. If they aren’t in any activities note that in preparation for a recommendation that they be involved in activities. (ie summer camps, after school sports, church groups etc.)

The children are enjoying extra-curricular activities at the local YMCA. Diane is enrolled in step dance class, and Lydia and TJ are playing soccer. It is obvious that these children are very close, emotionally and physically. Watching TV in a large room with several couches and chairs, they will all sit together and cuddle. Lydia and TJ giggle and wrestle. If they get too wound up, Diane asks them to settle down. It is clear that Diane is comfortable with and relishes her role as big sister.

Placement

Use this section to talk about how the current placement is going whether it is good or bad. This section should support your recommendation as to continued placement or a need for a move.

The GAL has observed the children in their foster home. The home is comfortable and there are books, games, and learning materials available. Schoolwork is a major focus and good efforts are rewarded with praise. The children are proud of their bedrooms and help to keep them picked up. The children enjoy the foster dog CJ, and also enjoy foster mother, Ms. Robinson’s, extended family.

Visitation

Use this section to talk about how visitation is going whether it is good or bad. This section should support your recommendation as to continued/decreased/increased visitation or a need for visitation to cease. If visitation is not occurring you would simply report that.

The children have been seeing Ms. Smith on Saturdays. She has attended their soccer games and visits with them then. The GAL has not been informed of anything inappropriate happening during visits. The GAL does not know how often Ms. Smith calls or texts the children, but has great concern about the content of the phone call and text messages.

Current Assessment of the Progress of the Parent(s):

As a GAL you do need to address the progress, or lack of progress, on the part of the parent(s). It is imperative to report on this as how can one suggest terminating the rights of a parent they have no information on? OR sending a child home to a parent that the GAL has no information on.

The GAL attended a recent meeting at CASCADE and met Ms. Smith. When the CASCADE therapists and case worker asked her about her recent problems—an unexcused absence, leaving early without permission to have her hair done, and not calling her case manager as she was supposed to, Ms. Smith said very little. When asked about why she went from having a clean drug test in September to a recent one that tested positive for marijuana, Ms. Smith just stared at the paper and said she didn’t have an explanation. When told that these findings jeopardized her chances of moving from Level 1 to Level 2 of treatment, she did not appear to care. Likewise, Ms. Smith was non-reactive when told that there was a possibility that the goal would be changed at court and her parental rights could be terminated. She expressed no anger, no tears, and no verbal response at all. The GAL saw nothing to indicate that Ms. Smith plans to change her behavior in any way or even feels that her behavior needs changing.

At the CASCADE meeting, social worker Ms. Cano-Johnson discussed with Ms. Smith that the cell phone that Ms. Smith gave to Diane is not allowed and that the phone will be returned to her. The GAL is concerned about the fact that Ms. Smith continued to inappropriately text Diane during a therapy session. According to foster mother, Ms. Robinson, phone calls from Ms. Smith to the house can bring on tears from Lydia and sullen or disrespectful behavior from Diane. It seems to the GAL that Ms. Smith' communication with the children is, at the least, not helpful and, at most, undermines the efforts being made on behalf of the children.

Additional Information for the Courts Attention:

This section is a place to put information that you couldn’t figure out where to put. It is also a good place to talk about the bond betweenthe placement provider and the children and if they wish to adopt – if the goal is no longer reunification or if you are asking for a goal change. If you do not have anything to put in this section simply put “There is no additional information at this time.”

Ms. Robinson has informed the GAL that she is very intersted in adopting Diane, Lydia and TJ if the opportunity arises. The children are very bonded with Ms. Robinson and her extended family.

Child’s/Children’s wishes:

This section is by far the most important for a GAL to include. Always document the child(ren)s wishes. If they are too young to express their wishes please note it.

TJ is too young to express his wishes, but said that he likes visiting with his mother.

Both Lydia and Diane, normally talkative and open, get quiet when asked about their mother. Lydia will avoid eye contact and does not talk about her feelings. When asked directly, she will nod that she misses her mother, but will not assert or deny that she would like to go back to live with her.

Diane also does not like to talk about it, and her face will fall into almost an angry expression. When first asked directly what her wishes were, she just replied “I just want this to be over,” but more recently shestates that she wants to be with her mother.

Recommendations:

All recommendations need to be supported in the body of the report. You should always include in your recommendations if YFS should maintain custody and if the placement should remain the same or change. You should also always have a recommendation regarding the goal and if it should remain the same or change. You should also have a recommendation for any issue you raised in the body of the text. Always use the children’s names in the recommendations whenever possible.

  1. The GAL recommends that the goal as to all of the children be changed to TPR/Adoption only and that YFS maintain custody. Continuing to have the concurrent goal of Reunification does not seem to be encouraging Ms. Smith to address her substance abuse and is preventing the children from moving ahead with permanency. The children have been in care for just under three years and deserve permanence. The GAL is aware that a goal of reunification is required for Ms. Smith to remain at CASCADE. However, Ms. Smith is also aware of that and continues to make choices that jeopardize her treatment there as well as reunification efforts.
  2. The GAL recommends that placement for Diane, Lydia and TJ remain the same as they are being provided with a safe and nurturing environment.
  3. The GAL would recommend that phone/text/electronic communication with Ms. Smith should cease, as even with monitoring, it has been inappropriate and is causing further behavioral issues with the children.
  4. That Diane be referred for an evaluation for depression given her statements and behaviors.
  5. TJ should be referred for an evaluation for developmental delays and any recommendations from that assessment should be followed.

Respectfully submitted,

June Cleaver

Guardian ad Litem Volunteer

Date Submitted:10/16/09

North Carolina Administrative Office of the Courts – November 1, 2008Page 1