TEAR's for Family Continuity

(This is the most recent letter sent to the Cherokee Nation.  It is regarding a phone call to address their blatant disregard for justice in this case. During that phone call Ms. Lou Stretch told me they were aware Sacramento County had a problem with ICWA compliance but they simply didn’t have the time or money to deal with it.)

Dear Ms. Stretch,

I just wanted to follow-up with you regarding the telephone conversation on Thursday November 12, 2009 with you, Howard Paden, Ronald Dawson, and myself.  I have a few things I'd like to say as well as clarify some issues I was unable to address.

My purpose for contacting you and Mr. Paden was to seek help and assistance from the Cherokee Nation for the return of my children.  I requested to schedule a meeting with you at your offices in Oklahoma to address the gross negligence and mishandling of this case by the County of Sacramento. I wanted to provide you with all of the documentation in this case. More specifically the exculpatory evidence and documentation that was purposely with-held from you by the County of Sacramento. Only selective information was provided to you which directly affected the outcome of this case.  Violations have occurred at every level of this case and the violations of the Indian Child Welfare Act (ICWA) are only a few of many.

Not too long into our conversation I realized that the help I was seeking from the Cherokee Nation was not going to come from you or Howard Paden. I was hoping to have open dialogue with you, but that never occurred. Some of the statements you made to me were shocking to say the least. You made an assumption regarding the help I was seeking from you. The only thing I was asking you for at that point was an opportunity to sit down with you, speak openly about this case, address your concerns as well as mine, and provide you with documentation I know that you do not have. I wanted to show you the proof of Sacramento County's deception in this case and come to a consensus on how it "will" be dealt with. The fact that you were unwilling to hear me out and the fact that you assumed that you knew what I was requesting, caused you to make statements that were blatant, bold, and shocking.

First of all I'd like to ask you a question. How do you assign a monetary value to a child? In my opinion children are priceless and you can't possibly assign a monetary value to them. However, that is exactly what you did. You explained to me that you were aware Sacramento has a problem regarding compliance with the ICWA. You told me that you were aware violations have occurred. You also explained to me that the relationship between the Cherokee Nation and the County of Sacramento is not a good one because of their inability to comply with the ICWA. Then you proceeded to tell me that the Cherokee Nation does not have the time or the money to deal with this. I couldn't believe you were saying that! How could you possibly tell me that my children are not worth your time or money?  Why do you even bother to intervene in these cases? It appears that you have no oversight or ability to ensure that if a child is removed from their home, their family, their friends, their school, and their identities, it is for a legitimate reason that has been proven by investigation. In your letter of intervention you assert your rights on paper, however you failed at every level to ensure that Sacramento County was compliant with the ICWA.  Now that I have made you aware of the violations specific to my case, along with your admitted knowledge of Sacramento County's incompetence, you refuse to help me remedy this situation.  Your reasoning...all because of money! It is clear to me that my children are now collateral damage because they are a financial burden to you. So again I ask, how do you place a monetary value on a child?

I am not asking for you to provide me with an attorney.  I am my own legal counsel. I spend everyday at the law library or the courthouse. I have studied the legal issues with this case for nearly 4 years now. I have taken a family law course and I am very well educated about the Indian Child Welfare Act. I am not asking you to provide my children with an attorney either as one is already appointed to them. My specific plan is to file a 388 petition and make a motion to invalidate all court orders in the case and request the immediate return of my children. In section 1914, ICWA provides the remedy for a failure to comply with sections 1911, 1912, and 1913 and also specifies who may invoke that remedy. Below is the specific provision that allows me the right to request invalidation:

    25 USC § 1914. Petition to court of competent jurisdiction to invalidate action upon showing of certain violations.

Any Indian child who is the subject of any action for foster care placement or termination of parental rights under State law, any parent or Indian custodian from whose custody such child was removed, and Indian child's tribe may petition any court of competent jurisdiction to invalidate such action upon showing that such action violated any provisions of section 1911, 1912, and 1913 of this title.

Another issue I had tried to address with you was the fact that my children were detained on January 2, 2006.  A detention hearing did not occur until January 31, 2006. By law within 72 hours of the emergency removal of a child a detention hearing is to be held. This is a violation of the CA Welfare & Institutions Code and a violation of the CA Department of Social Services Division 31 Policies and Procedures. My intention is to file a petition for a writ of habeas corpus proceeding. "Use of habeas corpus because of a violation of the Act results in the minor being illegally detained."  When my children were removed, there was no court order or warrant for their removal.

Contrary to what you believe and what is stated in the reports, the first time I had ever seen social worker Faye Radford was when she knocked on my door at approximately 6 PM on January 2, 2006.  I explained to her that I was more than willing to drug test. I also explained to her that I had been randomly drug testing at Bi-Valley Medical Clinic for a year and a half and I would gladly allow her to review those UA results. I also signed a release of liability so that she could obtain those records as well as speak with my counselor. She directed me to drug test the following day at Bi-Valley by 12 PM. I agreed because I had nothing to hide. She did not speak to my children and then she left. At approximately 8 PM (just 2 short hours later) she knocked on my door. My oldest daughter answered the door and she walked into my home with 2 officers and said she was detaining my children and placing them into protective custody because of methamphetamine abuse. She had not provided me an opportunity to test, she did not call Bi-Valley (which is in direct contradiction to the contract that the County of Sacramento CPS has with Bi-Valley Medical Clinic), and she didn't even speak to my children prior to their removal.

Prior to this my children were never placed into protective custody nor been the subject of an investigation by CPS. I realize it says different in the reports, but that is a blatant lie. I will say that one time in May 1996 I was living in Morro Bay, CA and the San Luis Obispo County CPS received a report that I was not feeding my daughter Rian. I welcomed them into my home, they wanted to see if I had food for her. I showed them and they left. In fact they specifically told me they thought it was probably a retaliatory call.  It had nothing to do with drugs or domestic violence contrary to what is stated in the Sacramento County reports for this case.

I have lived a family oriented life since my kids were born. In 2000 I began working for the State of CA Dept of Corrections. When my kids were in school I was a girl scout leader for their troop, I volunteered at their school on a consistent basis, I ran the reading program at their school, I babysat for one of their teachers, and was really good friends with another one of their teachers, Ms. Nola Turner. We frequently spent time and visited with Nola having BBQ's and swimming.  I enjoyed being with my kids and helping at their school that I decided to take a leave of absence from the State and work from home. I opened up a travel agency at that time and removed my kids from their afterschool daycare program. I loved being able to pick them up when school got out instead of picking them up at daycare every night. I loved to help out at their school which I was able to do more often. I also began working with pregnant teenagers at a local high school which I enjoyed very much. I love my kids and rarely spent a day without them. Only a few short times had I ever been away from them overnight until their removal. I have always provided a stable environment for my kids as well as been financially able to take care of their needs. Every year we would take our annual Disneyland vacation. We would fly to Los Angeles and stay for 5 nights. We enjoyed this tradition every year since 1998 until my children were removed in 2006.  My family is my life and this is why I was asking for your help!

I don't want to be at odds with the Cherokee Nation, but your unwillingness to address this serious issue leaves me without a choice. During our conversation the other day, you were basically implicating the Cherokee Nation (by way of you acting as a representative of the Cherokee Nation) as being complicit with Sacramento County in the violation of the ICWA, violations of the CA Department of Social Services Div. 31 Policies and Procedures, CA Welfare & Institutions Code, civil rights violations of amendments 4, 5, 6, and 14 of the U.S. Constitution, participation of a passive cover-up by non-action and implicit knowledge of an active cover-up by Sacramento County to conceal evidence of wrong-doing, error, and incompetence. Thus making the Cherokee Nation a participant in a tacit conspiracy. A tacit conspiracy is defined as an unspoken "agreement between two or more persons to engage jointly in an unlawful or criminal act, or an act that is innocent in itself but becomes unlawful when done by the combination of [the parties] actors/actions".

I do hope you will reconsider and meet with me as I requested. The actions of which I speak occur everyday here in Sacramento. Now that I have started TEAR's which is my non-profit organization, I meet families on a daily basis that are ripped apart because of the actions of Sacramento County. While I do believe that children need to be protected, I don't believe it should be done by lying, with-holding evidence, ineffective assistance of counsel for parents and children, or any other action that is illegal or lawfully unethical. I have a saying "take the child, take the parent". I believe if a parent does something that warrants the removal of their child from their home, they should be charged with a crime and afforded a trial by jury of their peers if they so choose. In addition, the victim (the child) also receives justice. As it is now, parents commonly are not charged with a crime. I would have been more than willing to go in front of a jury of my peers. I am certain if I did my children would have been back in my care immediately.

If you do change your mind and would like to speak with me, I am happy to do so at any time. I'll leave my contact info below.

Heather Dawson Hoover

http://www.tears4familycontinuity.blogspot.com