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What would happen if all parents sought social worker advice when a family "secret" became known?
What if all mothers and fathers who learned their children were engaging in an unacceptable behavior, quickly responded with professional help and advice from a 37 year veteran social worker? No one is sticking their head in the sand and pretending a serious problem did not exist among their children; and instead, sought the counsel of a trusted social worker up North.
When a mother learns that her children are behaving inappropriately and too many fists are swinging at the same time, across four boys and a sister, asking for help becomes CPS' idea of "an inability to control." The 37 year veteran Social Worker who mom called, arranged for therapy and became personally involved in helping the family to stay together. Once the behaviors were out in the open, the behaviors ended. A year later, moving to Texas to allow her children some wide open spaces, proved to be a near fatal mistake. Within 35 days, CPS had custody of all five children.
Judge Montemayor has not seen these children once in over four, five, SiX years that he has made decisions affecting their lives. Hope4KidZ Director led one 15 year-old young man by the hand, and to Judge Montemayor's court but Judge Montemayor would not hear this child. Instead, the court chose to malign the Director's character.  Further stating, Andrew could not have written the Affidavits presented to Montemayor in the child's writing and typed, both notarized by the child.
The difference between the medical and psychiatric care of children in state foster can be appalling. In foster care, children remain in mental health hospitals for as long as needed (or desired), or a placement can be located.  When this child had taken more than he could handle, with his school doing nothing to protect him from CPS, the police were called and the child was taken to the psychiatric hospital. His mother was then notified by the school that her child was in the hospital.
In March 2009, CPS tricked Dawn by promising to allow Kristopherson to come home, ONLY if Dawn signed PMC to the state. In May 2009, TWO weeks before court, the CASA worker, Tiffany Denson, demanded to see Kristopherson who was home from school and sick with the flu. Two weeks before court, CASA Tiffany Denson said she would be asking the judge to return Kristopherson to CPS Care. In May 2009, Kristopherson was taken into foster care; because a therapist appointment was rescheduled and one appointment may have been missed because the therapist did not inform mom that the therapist would not see her son (a practice we see far too often, wherein therapists delay sessions causing parents to be in noncompliance). Where is the concern for the long-term outcome for these children and their family?
Three Special Needs children, American's with Disabilities Act (ADA) qualified since toddlers, who have been moved all over Texas are neither receiving a Free Appropriate Public Education nor are they placed in the least restrictive environment.
Retaliation is Real ~ Just ask these three children!
Updated: April 06, 2010
If you want to have a better understanding of how CPS abuses children and parents, stay tuned and we will tell you when to be in Judge Montemayor's court in San Antonio, Bexar County, Texas.
Due to CPS not providing Mom's attorney with the case file, the hearing has been rescheduled. Does anyone care that these three children have been in foster care since September 15, 2007?
On February 26, 2010, Judge Montemayor's court in San Antonio Texas plans to Terminate the Parental Rights of the Dawn Borchert.  This mother is absolutely amazing and although she wishes she had never stepped foot on Texas soil, she has completed every class, every evaluation, anything and everything CPS has demanded of her, she has completed. Mom's therapist believes the children do better when in mom's care. One child's therapist needed mom to attend therapy so Kristopherson would talk to the therapist. Dawn obliged the child's therapist, and helped her son feel safe enough to talk to the therapist. This therapist raved in court about Dawn's ability to help her son.
After Kristopherson was taken into CPS custody in May of 2009, CPS repeatedly refused to inform Dawn of where Kristopherson was residing. For over four months, CPS refused to inform Dawn where her youngest child was located. She could not contact her son and during this time, Kristopherson was visiting various foster families. What? Does CPS let foster parents try-out kids before the foster parent agrees that this might be a kid they would want? Kristopherson has a legal right to a relationship with his family and his siblings. We have a video of Kristopherson stating loud and clear, "I am not afraid to go home. I am not afraid of"... sibling after sibling is named; and finally, he states: I Want To Go Home!
Elana Pearsall testified that Kristopherson told her that he was afraid to go home and was afraid of his siblings and family. She did not follow any rules and could not provide evidence (a recording) of a single time that Kristopherson suddenly felt safe with her and told her a deep dark secret? We are supposed to believe this ridiculousness? The judge has not seen these children once in over four, five, SiX years that he has made decisions affecting their lives.
CASA agent Tiffany Denson does not inform the court what this child wants. Why would the state of Texas remove five children from their home and keep them in the midst of complete turmoil for the last SIX years? Mom has never moved away, given up, or determined her sons were not worth fighting for!
This is/was done without Dawn's knowledge and without her ability to find out where her son was located for over four months; meanwhile, adoptive and/or foster parents were allowed to "try out" Kristopherson to decide if they liked him!
Suddenly, the same therapist who raved about Dawn's ability to help her son interact with the therapist during sessions, has determined Dawn is not consistent in attending therapy sessions. Therapist does not have to prove that Dawn did not attend (attending to help the therapist!), Dawn has to prove she attended. One therapist was literally run out of town because he refused to tell CPS what CPS wanted him to say!
CPS wrongfully took these children and the court allowed this absurdity of an excuse of an Affidavit to serve as sufficient cause for a warrant. No abuse, no neglect, and one rescheduled therapy appointment; where's the risk of abuse? In the Affidavit are repeated references to parental drug use and not once has this mother tested positive for drugs.
When you read this "legal document" used to obtain a warrant, note how often Regina Lenoire makes an unsubstantiated allegation by adding what she does not know. Regina Lenoire does not know: -if dad uses drugs -if mom uses drugs -if some unknown anonymous male uses drugs; repeatedly inferring that drugs are a part of this family's life. They are barely getting by as it is. CPS' unwarranted, unneeded, destruction of a family whose only "crime" is in not being wealthy enough to properly deal with CPS Abuse; unlike Gary Gates, of Sugarland. The financial burden of CPS' abuse causes poor families to become destitute parents. Since when did a caseworker's ignorance become sufficient cause to remove three children from their school and home. Not one shred of evidence supports the unknown, and Bexar Counties' lead drug investigator was ANGRY that Lenoire and whomever else would open an emergency investigation for a meth lab.
Do you have a meth lab in your home? Neither did Dawn Borchert's family.
Where in all this nonsense is a clue that a child is in danger? Instead of finding out what the facts were, Regina Lenoire obtained a warrant from Judge Montemayor, with the majority of her claims (such as children kicked out of school) being bold faced LIES and to date, this author has never seen an Affidavit filled with "Unknown's" and we should all be careful, because "There is an unknown male who smokes marijuana and possibly cocaine.". He could be in your neighborhood. He might be in Judge Montemayor's neighborhood because he is unknown, no one knows! If the kids were not in school, why did CPS agents leave the courthouse and drive to each child's school?
What makes this especially egregious, is that CPS knows what they are doing is wrong but they have worked in collusion with other agencies, and the lies that have crossed state lines, without permission, releasing highly confidential therapy information to an out of state office without proper protocols will be known.
For six years an attorney sits next to his "client's" empty chair! He represents a father who has never responded to requests from the court, has not attempted to call his children, and has never paid one dime of child support.
CPS Rules.. AGAIN... and Judge Montemayor, Associate to Judge Sakai, does whatever CPS tells them to do. Keep Watching, because H4K is going to do what the children have begged us to do: Expose who they are and what they want. The boys have begged and pleaded to attend the court hearing, in accordance with CPS Policy. One child is 16, one child is 15, the third child is 12 and not once have the children been allowed to attend a court hearing that will determine the future of their lives.
Since moving to Texas in August of 2004, CPS has not allowed this family a moment of peace. The good old southern hospitality went out the window as mom begged the school in Converse Texas to assist in obtaining the medication for one of five children. Although the school has a fund to assist in issues as this, Melanie Hennis, a counselor at the school refused to help mom and called CPS.
Since September 8, 2004, CPS in Bexar County, San Antonio Texas, has done everything in their power to keep this family disrupted. Never has a parent been alleged to have abused a child; instead, "negligent supervision" is the term of choice. Literally, every decent and intelligent person who has become involved in this case sees the state of Texas repeatedly abusing the family and the children's civil rights in state foster care. Civil Rights to be free of abuse, neglect, and exploitation are violated so often H4K designed spreadsheets to keep up; H4K has maintained a file on every caseworker, therapist, probation officer, attorney, and judge who has been involved.
In August 2004, Texas CPS made a mistake, starting with mistaking a Release of Information as a request to investigate. Instead of opening communication between the 37 year veteran worker in the children's home state, Texas investigated the family for child abuse.
Instead of righting the wrongs, the level of misconduct increases. Some may not be aware they are involved in misconduct, yet when children are detiorating, mentally, physically, and educationally in foster care, any person with knowledge of the neglect and abuse in foster care is a mandated reporter! The agency is responsible for protecting, providing an appropriate education, and other basic necessities. Residential child care licensing is responsible for verifying the safety of the facility. This series of events began innocently, and has resulted in the devastation not just of a family, but the lives of five children; one was at home playing video games and was being mainstreamed into regular education. All three boys were lumped together, as if what one had done, all were guilty of.
In August of 2007, the mother of two young boys, Andrew and Dustin*, ages 13 and 12, grounded them for misbehaving. On August 23rd, 2007, the boys earned the privilege of playing in the back yard. Disobeying their mother, the boys went to the community playground. When they arrived, the boys claim that they saw two or three other boys playing in an unlocked and ungated field of junk; located directly across the street from the community playground. Joining the other boys sure seemed like a fun idea.
When their mother realized her sons were no longer in the back yard, she and their siblings searched the neighborhood. Both boys are special needs children and their mother worried she would not be able to find them before it was time for their medication. After the family was unable to locate Andrew and Dustin, their mother's worry turned to fear and she called the Bexar County Police Department. The police found the boys playing in the junkyard. According to Andrew and Dustin, the police told the other boys to go home.
Andrew and Dustin were taken into custody and charged with felony breaking into a building. Andrew was acquitted in February of 2008. Dustin, after filing a motion for a new lawyer due to ineffective counsel of attorney Lipo, was appointed a "new" attorney, Raymond Deleon. Dustin was coerced with the threat of being sent to the Texas Youth Commission and signed a plea on the advice of Raymond Deleon, of Killeen, TX.
Dustin was denied access to his mother.
Attorney Raymond Deleon refused to talk to Dustin's mother and physically positioned himself in court, with his backside facing those of us sitting in the courtroom, to prevent Dustin's mother from seeing what he was saying, and how he was informing Dustin of what he expected of Dustin. We had a great view of Deleon's backside.
Although Dustin wanted and needed his mother's advice, Dustin's mother was not allowed to be informed of attorney Raymond Deleon; probation officer, Tracy Gippert; or Judge Laura Parker's plans for Dustin. Hope4KidZ' director is not the only person who has experienced this families' plight, (in the courtroom and in their home), and are appalled at the fiasco Judge Montemayor allows in his court. The number of civil rights violations, perpetrated by the agency intended to protect children, are documented over the last six years. At times, caseworkers dig their heels in and others believe what is inferred and insinuated; allowing inferences and insinuations to become factual in their minds.
The mother was cleared by TDFPS required Drug Assessment. The response of the assessment, "DOES NOT NEED SERVICES," was written on his business card, with three lines under each word. Over five years, the mother has lost count of the number of random urinalysis she has been cleared of any drug use. Hope4KidZ' Director was present when Judge Montemayor granted CPS' umpteenth request for an immediate UA; of course, Dawn was negative. What a waste of the tax payer's money!
In the 8/2007 Affidavit to Remove the boys, Regina Lenoire repeatedly makes inferences to drug use by family members, including "An unknown male uses cocaine and marijuana." The spook of an unknown person doing something illegal has what to do with the well-being of five children? Someone needs to find this unknown person, SOON. How do you figure that one? There may be unidentified males in Judge Montemayor's neighborhood who do things of which he is unaware. Do we go on a manhunt for any unknown male who uses marijuana and possibly cocaine?
Psychological and school testing since moving to Texas, in 2004, reveals that Dustin is unable to read, has the cognitive comprehension of the second half of first grade (his reasoning, problem solving, critical thinking skills are greatly inhibited, and has been on SSI since three years of age. The most recent TEKS testing (2008) places Dustin at the second grade level. He is supposed to be going into 8th, 9th grade; a grade difference of SIX Seven Years! Dr. Wood, of the San Antonio Juvenile Detention Center, is the only doctor who has spent any amount of time with these boys in their lives to determine the boys are competent.
Violation of Civil Rights
August 27, 2007, Judge Laura Parker, of the San Antonio Juvenile court, asked Probation officer, Tracy Gippert, why Gippert kept Dustin over the weekend and sent Andrew home. Andrew had been in Parker's court and Dustin had never been in Parker's court.
Tracy Gippert responded to Judge Parker: I have wanted to talk to Dustin for over a year and his mother will not allow me to speak to him.
Is this illegal practice common in San Antonio? Based on Hope4KidZ Director's involvement with the court, probation department, and CPS' Family Law Court, children are not allowed to have an attorney present when being questioned by a probation officer who intends to charge the child with a crime! Tracy Gippert kept Dustin over the weekend to speak with him without the presence of his attorney or therapist as she had been repeatedly told Dustin required an attorney or therapist present to protect his Special Needs. Afterward, Dustin was charged with a felony sexual touching from when he was barely ten years old. It is alleged that Dustin may have shown his 10-year-old penis to another child. Dustin BEGGED for a trial because, "I did not do that. I pushed Mary down and made her mad." Gippert felt it in this child's best interest to drag up a two year-old complaint, without substance, and she was able to accomplish what Dustin had been promised, "To be sent to TYC."
The Rest of the Story:
Dustin's therapist required either Dustin's attorney and/or therapist must be present when the probation officer spoke with Dustin. Before allowing a mentally challenged child to be questioned by a probation officer and felony criminal charges filed against him, the child had the right not to incriminate himself and to have an attorney present.
Tracy Gippert, a probation officer, decided otherwise, and Judge Parker was complicit.
Although Dustin wanted and needed his mother’s advice, Dustin's mother was denied access to information pertaining to her son by her son's attorney, Raymond DeLeon; probation officer, Tracy Gippert; Judge Laura Parker was complicit.
Psychological and school testing since moving to Texas, in 2004, reveals that Dustin is unable to read, has the cognitive comprehension of the second half of first grade (his reasoning, problem solving, critical thinking skills are equivalent to a seven year-old child, in the second half of first grade), and has been on SSI since age three. The most recent TEKS testing (2008) place Dustin at the second grade level. He should be in 8th grade; a grade difference of SIX years! Dr. Wood, of the San Antonio Juvenile Detention Center is the only doctor who has tested these boys in their lives and determined that both boys are competent.
September 14, 2007 - Judge Montemayor ordered CPS to return home the eldest brother, three months before the eldest brother turned 18 in foster care. He had been in foster care since September 8, 2004. He could not obtain a high school diploma; the one dream he repeatedly verbalized. He was placed in 10th grade when he was supposed to be in 9th grade, so.. since CPS did such a horrible job of raising one child, let's give them three more to screw up.
On 8/14/2007, Regina Lenoire, DFPS investigator, obtained a warrant based on lies, and inuendo that infer lies, and went to the boys' schools to retrieve the boys to place them in foster care. Regina Lenoire's "Affidavit to Remove," states the children are Home schooled due to being expelled from school. Not one child was expelled from school and all were attending school when Lenoire had her gang go to the schools and retrieve the boys.
Dustin, Andrew, and their youngest brother, Kristopherson, were removed from their schools on 8/14/2007. Mother is alleged not to supervise her children properly. [Since being in DFPS' care, we know of four times that one of the boys has run away, trying to get home. He has been moved 27 times and never received the medical and psychiatric testing promised in 2004 and again in 2007.]
Children are dying from abuse perpetrated by primary caregivers, and these children's mother has never been alleged to have abused them. Over the past five years, the children have been in foster care longer than they have remained in their home.
Click on the pictures below to get a better idea of what this Field of Junk looks like.
Note the wide open field around JUNK
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This would be illegal in the City of San Antonio!
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Photographer is standing in the open driveway
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Where is the Fence? Where is a Gate? |
This story is a sad example of what happens when a mother reaches out for help from the police. The police allegedly released three of the five trespassers, and the prosecutor chose to charge the two young boys with a felony crime. The prosecutor could have charged them with a lesser crime of trespassing (into this ungated junkyard) or let them go with a warning, as the police had decided to do with the other boys. Charging these boys with a first offense of felony breaking into a building that appears to be abandoned, seems a harsh reaction to childish trespassing; especially, considering that neither had been convicted of a crime.
Compare the Outcome of Care
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In their Mother's Home |
In State Foster Care |
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Youngest brother, 10 12 year-old:
- Kristopherson's mother has not known where her son is located since May 2009.
- He was being mainstreamed from special education.
- He was on the honor roll.
- He did not have trouble in school.
- He never ran away from his mother's home.
- Regina Lenoire, investigator in Bexar County, was incorrect in the Affidavit to remove the children when she stated all children had been on probation. He has NEVER been on probation or in trouble with the law.
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- He has been placed in a RTC.
- In March of 2008, he was placed in a mental health hospital.
- He may be sent to an Alternative Learning Center.
- He has run away from his foster home.
- He has been in trouble with the school.
- His Court appointed Attorney, Elana Pearsall, informed the court that Kristopherson told her in private (no recording), that he was afraid of his family, and he was afraid to go home.
Would you like to see Kristopherson's response to the words of Elana Pearsall? He has requested Hope4KidZ to post the video online. We have been hesitant to do so, in keeping with our practice of not making teenager's names public, unless the names have been in the media.
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12 14 year old:
- His Special Ed teacher in his home state requested permission to come to Texas and return to the home state with Dustin.
- He is classified as special needs as defined by ADA.
- He suffers from lead poisoning and is of an extremely small stature, about 12 inches shorter than his 12 year old brother (5th percentile according to the Center For Disease Control).
- He was grounded for misbehaving.
- He had recently entered his first year in junior high school.
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- After NINE Months in the San Antonio Juvie Center, because CPS could not find an appropriate placement, he has finally been moved to an RTC.
- He has been
in the San Antonio Juvenile Detention Center in Juvie Jail since September of 2007.
- His small stature has caused Texas attorneys to question whether the Juvenile Detention Center should have a height requirement.
- He has not advanced a single grade level in five years due to Texas treatment of the boys.
- His lead level is 14; 10 is the threshold and the American Medical Association is considering lowering the threshold to 5.
- He cannot read, write, or comprehend above 2nd grade, and was coerced into signing a plea deal. He believed he was signing papers that would allow him to go home.
- His most recent motion for a new trial, based on ineffective counsel was denied.
- In March 2009, Dustin alleged to Mr. Peyton, director of Everyday Life, that he had been raped by a named boy; a previous problem when the children were in foster care.
- Mr. Peyton did not report to Residential Child Care Licensing or to the police department in Kerr County.
- We learned of this allegation in June 2009, when Dustin was sent to Pegasus RTC;, an inappropriate placement for a child with severe mental, emotional, and physical disabilities.
- Judge Montemayor ordered the caseworker to determine if Pegasus was an appropriate placement, but the caseworker did not know how to find this information on DFPS' web site.
- Pegasus is a facility for sex offenders, and this extremely small child alleged to be fighting off a sex offender, which may have resulted in a staff member being slugged, was determined to have violated his probation and was sent to a Correctional unit in Corsicana, TX, where he remains to this day,
December 27, 2009 February 21, 2010.
- This child has done more Time than an adult who commits a heinous crime. Although he has spent more time in the Correctional Unit than ordered by Judge Parker's court, he remains locked up in the Corsicana Unit.
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13 16 year old:
- Questionable for Asperger's Syndrome.
- He was grounded by his mother.
- He is classified as special needs (ADA).
- Had begun classes, on grade level in Jr. High.
- Has maintained the A/B Honor Roll since starting school.
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- During the school year of 2007-2008, in CPS care, he failed 9th grade.
- He has been moved six times in six months.
- He was deemed incompetent of all charges in February 2008.
- He is currently in a mental health hospital (Third time since Sept.).
- He has run away numerous times; once showing up over 60 miles away from his placement to the front yard of the Director of H4K!~
- CPS is considering placing him in a long-term placement for mentally retarded children.
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CPS's poorly reasoned decision to remove these boys from their home is an escalation of an already appalling level of abuse perpetrated by the protectors. The decline in each boy's mental and emotional health is obvious; their sense of security and safety has been severely damaged; CPS has limited their ability to become successful members of society.
Welcome to Justice, Texas Style!
*The boys' names have been changed.
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