Saturday, June 9, 2012
The past 9 months...
So much has happened in the last 9 months. It's hard to know where to begin! I hope I remember to add it all!!!
Last August, I was able to finally obtain a 2nd opinion in Ellie's case. The head of pediatric neurology at Loyola looked through Ellie's medical records. He determined that her tiny brain bleed was likely caused by birth trauma. He was absolutely on board with helping me out.
After we obtained the second opinion, I was scheduled to begin my adjudication hearing in juvenile court. The day that the hearing was set to begin, the state's attorney presented me with a plea. He would remove all allegations related to head injuries of I agreed to an adjudication based on medical neglect. Where they came up with medical neglect was that they believed that when Ellie's legs tremored in the newborn period, I should have taken her to the ER instead of the pediatrician. This was a very difficult decision for me to make. I ended up agreeing. Even though the charge was absurd, it meant my daughter would be home very soon. As soon as we put things in motion for the negotiated finding, I was able to have overnight visits with Ellie! It was wonderful!!! I loved being the last person to kiss her goodnight and the first to hug her in the morning. Within 1 month, I received the best news in the previous 14 months...Ellie was returned to my custody!!! She was ripped from my arms on October 17, 2010 and returned on December 3, 2011. After she was returned home, I was visited by our case worker weekly for the first 2 months, then biweekly, then monthly. On May 2, 2012, I regained guardianship. DCFS could be out of my life, forever!
In the time between adjudication and the return of guardianship, I was able to finally get my day in court. I was able to appeal the DCFS indicated finding of head injuries. You see, even though the juvenile court in Illinois dropped the head injury allegation, DCFS did not. The hearing took two full days for testimony. On March 2, the DCFS doctor (Dr. Petrak) and my expert both testified. Dr. Petrak told the judge that Ellie's brain bleed could only have occurred by non-accidental head trauma. I would like to mention that she admitted during her testimony that she failed her boards in the child abuse specialty. She also lied on the stand. She said that she had NEVER been proven wrong before by a 2nd opinion. (this was later proven by looking at the Wiedner case, which was publicized in the Pekin Daily Times). It was then time for my expert to testify. He is the head of pediatric neurology at Loyola. He stated that Ellie's bleed is very consistent w birth injuries, especially since she was only 5 weeks old. He also testified that she likely never even had a seizure, but rather benign myclonus of sleep and drowsiness. The testimony of the doctors was all we had time for that day. The hearing concluded one month later. On April 2, the DCFS investigator testified, my mom testified, Ellie's pediatrician testified and I testified. At the conclusion of the testimony, I was told that I would hear the result in about 45 days. On May 17, I did get that result. I was finally vindicated. My indicated finding was overturned. My DCFS record was expunged. I WON!!!!!!!!!!!!!!
I WON!!!!!!!
Last August, I was able to finally obtain a 2nd opinion in Ellie's case. The head of pediatric neurology at Loyola looked through Ellie's medical records. He determined that her tiny brain bleed was likely caused by birth trauma. He was absolutely on board with helping me out.
After we obtained the second opinion, I was scheduled to begin my adjudication hearing in juvenile court. The day that the hearing was set to begin, the state's attorney presented me with a plea. He would remove all allegations related to head injuries of I agreed to an adjudication based on medical neglect. Where they came up with medical neglect was that they believed that when Ellie's legs tremored in the newborn period, I should have taken her to the ER instead of the pediatrician. This was a very difficult decision for me to make. I ended up agreeing. Even though the charge was absurd, it meant my daughter would be home very soon. As soon as we put things in motion for the negotiated finding, I was able to have overnight visits with Ellie! It was wonderful!!! I loved being the last person to kiss her goodnight and the first to hug her in the morning. Within 1 month, I received the best news in the previous 14 months...Ellie was returned to my custody!!! She was ripped from my arms on October 17, 2010 and returned on December 3, 2011. After she was returned home, I was visited by our case worker weekly for the first 2 months, then biweekly, then monthly. On May 2, 2012, I regained guardianship. DCFS could be out of my life, forever!
In the time between adjudication and the return of guardianship, I was able to finally get my day in court. I was able to appeal the DCFS indicated finding of head injuries. You see, even though the juvenile court in Illinois dropped the head injury allegation, DCFS did not. The hearing took two full days for testimony. On March 2, the DCFS doctor (Dr. Petrak) and my expert both testified. Dr. Petrak told the judge that Ellie's brain bleed could only have occurred by non-accidental head trauma. I would like to mention that she admitted during her testimony that she failed her boards in the child abuse specialty. She also lied on the stand. She said that she had NEVER been proven wrong before by a 2nd opinion. (this was later proven by looking at the Wiedner case, which was publicized in the Pekin Daily Times). It was then time for my expert to testify. He is the head of pediatric neurology at Loyola. He stated that Ellie's bleed is very consistent w birth injuries, especially since she was only 5 weeks old. He also testified that she likely never even had a seizure, but rather benign myclonus of sleep and drowsiness. The testimony of the doctors was all we had time for that day. The hearing concluded one month later. On April 2, the DCFS investigator testified, my mom testified, Ellie's pediatrician testified and I testified. At the conclusion of the testimony, I was told that I would hear the result in about 45 days. On May 17, I did get that result. I was finally vindicated. My indicated finding was overturned. My DCFS record was expunged. I WON!!!!!!!!!!!!!!
I WON!!!!!!!
Wednesday, June 6, 2012
Exciting updates!!!
It's been quite a while since I last posted an update. I had taken the blog down while I was awaiting my adjudication hearing and later my administrative appeal. I did not want the opposing attorney's to use my words against me. But now, it's over. It's all over.
Baby Ellie is home! Yep, I called my beautiful daughter by name. She has been returned to my care and I once again have full guardianship of her. Ellie is out of DCFS custody and is mine...forever!!!!
The title of this blog is "Guilty Until Proven Innocent.". Well, that's exactly what happened. I was guilty in the eyes of DCFS until I proved my innocence. On May 17, I received a certified letter from DCFS stating that they would reverse my indicated finding. I won my appeal. It took 19 months, but I was vindicated. They were wrong. I was right.
In the coming days, I will post the story of what has happened in the last 9 months. But for now, I want to shout it from the rooftops that I won my appeal!!!!
Baby Ellie is home! Yep, I called my beautiful daughter by name. She has been returned to my care and I once again have full guardianship of her. Ellie is out of DCFS custody and is mine...forever!!!!
The title of this blog is "Guilty Until Proven Innocent.". Well, that's exactly what happened. I was guilty in the eyes of DCFS until I proved my innocence. On May 17, I received a certified letter from DCFS stating that they would reverse my indicated finding. I won my appeal. It took 19 months, but I was vindicated. They were wrong. I was right.
In the coming days, I will post the story of what has happened in the last 9 months. But for now, I want to shout it from the rooftops that I won my appeal!!!!
Wednesday, August 31, 2011
Happy Birthday!!!
Well, baby beautiful is officially a toddler. Today, we celebrated her 1st birthday. She was absolutely adorable...as always. Baby beautiful spent the day w my mom at our house. After I got off work, we celebrated with a yummy dinner, a trip to the park, and an ice cream cone. We had her actual party on sunday.
I can't believe it's been a year!!! she has grown so much and come so far. She took her first steps at 10 months (one week before 11 months) and within 2 weeks, she was toddling everywhere. She now walks primarily. Today, she had fun pushing her own stroller in the park.
While her birthday was wonderful, it was bittersweet. I spent the evening with her, but had to send her home. My dad was first to give her birthday snuggles...and he'll be last tonight (or my stepmom will). It sucks and it hurts. I've never done anything but love my precious daughter. One day soon...she'll be home where she belongs. I may not have given her the first snuggle today, but I certainly gave her the most important one.
HAPPY 1ST BIRTHDAY, BABY BEAUTIFUL!!! MOMMIE LOVES YOU TO THE MOON AND BACK!
- Posted using BlogPress from my iPhone
I can't believe it's been a year!!! she has grown so much and come so far. She took her first steps at 10 months (one week before 11 months) and within 2 weeks, she was toddling everywhere. She now walks primarily. Today, she had fun pushing her own stroller in the park.
While her birthday was wonderful, it was bittersweet. I spent the evening with her, but had to send her home. My dad was first to give her birthday snuggles...and he'll be last tonight (or my stepmom will). It sucks and it hurts. I've never done anything but love my precious daughter. One day soon...she'll be home where she belongs. I may not have given her the first snuggle today, but I certainly gave her the most important one.
HAPPY 1ST BIRTHDAY, BABY BEAUTIFUL!!! MOMMIE LOVES YOU TO THE MOON AND BACK!
- Posted using BlogPress from my iPhone
Saturday, August 20, 2011
Been a while..
I know I haven't been on here in a while. Life has been incredibly hectic. Quite a bit has happened in the past month or so.
We are still waiting for the actual adjudicatory hearing, but it is officially scheduled to begin on sept 21. We'll see if that day gets postponed once again. Ugh. I did find an expert to testify for me. He is a highly respected pediatric neurologist. He wrote a report based on his review of the medical records. He described evil dr. Petrak's report as "embellished and exaggerated,". He also said that the amount of blood in her brain was minimal and clinically insignificant. He said it was a subacute or chronic bleed that could absolutely be the result of birth trauma. He went on to say that some of the allegations "boarders on absurdity". His final sentence in the report was, "it is for the above reasons that I believe the allegations authored by Dr Petrak is incorrect and unsubstantiated.".
So, we'll see where this takes us. On a brighter note, I now have unsupervised visits w her every sat and sun all day. Today, we are off to go shopping and visit my sister. Thank you to everyone who has never stopped believing me and supporting me.
- Posted using BlogPress from my iPhone
We are still waiting for the actual adjudicatory hearing, but it is officially scheduled to begin on sept 21. We'll see if that day gets postponed once again. Ugh. I did find an expert to testify for me. He is a highly respected pediatric neurologist. He wrote a report based on his review of the medical records. He described evil dr. Petrak's report as "embellished and exaggerated,". He also said that the amount of blood in her brain was minimal and clinically insignificant. He said it was a subacute or chronic bleed that could absolutely be the result of birth trauma. He went on to say that some of the allegations "boarders on absurdity". His final sentence in the report was, "it is for the above reasons that I believe the allegations authored by Dr Petrak is incorrect and unsubstantiated.".
So, we'll see where this takes us. On a brighter note, I now have unsupervised visits w her every sat and sun all day. Today, we are off to go shopping and visit my sister. Thank you to everyone who has never stopped believing me and supporting me.
- Posted using BlogPress from my iPhone
Wednesday, July 6, 2011
Another delay...
So, we were all super excited and nervous about court on wednesday. Well, it looks like the wait will be even longer. Ugh. I talked to my attorney on the phone today, and the hearing will be postponed for at least a month. I'm furious! I won't know the actual date until next wed. I won't have to go to court that day, but my attorney will go in my place. I guess he is going to ask the judge to simply send her home since it's been 9 months. I have also done all that's been asked of me.
I also don't think that I had updated that we found a neurologist to testify on my behalf. He is in the process of going through all of the medical records for me. That's part of the delay in the trial.
I'm super sad, but am trying to remain optimistic. Maybe she'll be home we'd, but I won't hold my breath. I just hope and pray she makes it home in time for her first birthday.
- Posted using BlogPress from my iPhone
I also don't think that I had updated that we found a neurologist to testify on my behalf. He is in the process of going through all of the medical records for me. That's part of the delay in the trial.
I'm super sad, but am trying to remain optimistic. Maybe she'll be home we'd, but I won't hold my breath. I just hope and pray she makes it home in time for her first birthday.
- Posted using BlogPress from my iPhone
Monday, June 6, 2011
Exceeding expectations...
Today was a great day. The developmental and physical therapists from early intervention came to do baby beautiful's 9 month assessment. She amazed us all. In each category, she tested at or above her current age...testing as high as 11 months for cognitive development and movement. I was so proud if her. Then, after the EI folks left, she took her first steps!!! She stood up on her own and took two steps toward me!! She promptly fell on her face, and finished her journey by crawling to her mama.
Last weekend she began waving bye bye and clapping. She also reached for her bottle and said baba. It was so stinking cute.
Above all, I'm happy I was there to see her first steps. I was first to see it, and she was coming to me!
It is a bit bittersweet. My baby is growing up too quickly! I don't know where my itty bitty newborn went. I still cant believe she's been away from me for almost 8 months. I miss every moment that I'm not with her. :(
It's happy moments like her meeting milestones that helps me survive the moments where my heart is aching.
- Posted using BlogPress from my iPhone
Last weekend she began waving bye bye and clapping. She also reached for her bottle and said baba. It was so stinking cute.
Above all, I'm happy I was there to see her first steps. I was first to see it, and she was coming to me!
It is a bit bittersweet. My baby is growing up too quickly! I don't know where my itty bitty newborn went. I still cant believe she's been away from me for almost 8 months. I miss every moment that I'm not with her. :(
It's happy moments like her meeting milestones that helps me survive the moments where my heart is aching.
- Posted using BlogPress from my iPhone
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