Every year more than thousands of families become victims of CPS. Our family is now one of them.
My name is Yvette and this is my family's story.
My fiance is Gilbert and he's been permanently disabled for the past six years. We have two extremely adorable baby boys, Aaron is three, and Noah is just turned two.
Noah's labor was fast but difficult in the scenes that we drove from one city to the next to reach the hospital then had to wait half an hour for the doctor to get there until I could start to push. So in February of 2009 Noah was born a week overdue and weighed in at 9 pounds 10 ounces.
Both of our boys have the same pediatrician since each of them were two weeks of age. Noah alone had been seen by his pediatrician four times and had had two hospital visit by the time he was two months of age. With those being his two week old well baby check-up, then we discovered mold growing in the apartment we had lived in so all four of us got checked out at the hospital, the next day after that because we noticed Noah was spitting up a little more than usual, the follow-up, his circumcision, and then his two month old well baby check-up. In pretty much all of these visits his pediatrician would stretch and rotate his arms and legs, feel on his chest, and check his diaper area. She always said that Noah and Aaron were big healthy boys.
Because of the mold incident we decided to move. The day of the move we had friends there that helped by loading and unloading everything from one place to the next, so Aaron, Noah, and I were mostly in the car. Throughout the day I regularly changed and fed them. Not until mid-to -late afternoon did I notice Noah's left leg was swollen,no redness, no bruise, but swollen. We weren't sure what to think of it. We thought maybe it was because we were in the car for a long time. We got to our new home and we put Aaron and Noah down for bed.
When Noah awoke for his feeding in early morning I noticed his leg was still swollen. I took him to the hospital, we were there for five hours with nobody wanting to tell me anything. I was finally told that Noah had a fracture and a splint was placed on his leg. The doctor finally showed up, but he came with a police officer. ***I had mentioned to the staff at the hospital that we had just moved to Victorville, this officer was from Adelanto. And this officer was one of the officers involved in beating Gilbert in 2006 and fracturing Gilbert's pelvic bone. Of course they tried to throw some bogus charge on him of resisting arrest, which he won in court and now has a civil lawsuit against the County of San Bernardino Sheriff's Department. I know this officer knew me or at least recognized me because I was at every court appearance with Gilbert. I was questioned by this officer about how Noah got this fracture, about Gilbert, and the location of our current residence.* A Victorville officer arrived, asked me a few questions and said that it was procedure to get questioned and have CPS involved. He said I had to come down to the police station with him to ask me some questions. He put me and Noah in the back seat and said in the extent that he signed the release forms therefore Noah was in his care.
At the police station they questioned me as to how this injury happened and they also had Gilbert and Aaron go there so they could ask Gilbert the same questions. I was repeatedly asked the same question, how did this injury happen? And I repeatedly answered that I didn't know. Eventually I was asked if there was anything else that I could possibly think of that could have caused this injury. I was asked this question repeatedly. So I tried to think of any possibilities, and I remembered that the day before, the day of the move, we had dropped off a refrigerator at my fathers house. Gilbert had gotten off the car to direct his friends on where to put the refrigerator and I too got down from the car and watched them, I was literally not even a foot and a half away from the car. When I ducted my head down to look inside the car I saw Aaron had gotten to the front seat. I told Gilbert and we were kinda confused as to how he managed to get himself to the front. Besides Aaron being in the front seat, there was nothing out of the usual, no crying or anything like that.
Of course I told the officer this "possibility", in fact it was a possibility. I didn't know if "maybe" just maybe, Aaron did happen to climb over Noah, I didn't know.
CPS got involved, a CPS worker was also there at the station. She too asked us questions and observed how Gilbert and I interacted with both Aaron and Noah. ***Now looking back on the report she wrote, she wrote that we were appropriate with our children, how Aaron showed affection with hugs and kisses, and she never said anything about Noah crying or showing he was in pain (like Dr. Young would later bring up).* Then she agreed to let one of our boys come back home with us if the other would have to stay with a relative because of the splint on Noah's leg. We then decided on Noah coming back home with us and Aaron would stay the night with his Aunt and Uncle.
Very early the next morning at about two, we got a knock at the door. Again the Police. They say they need to talk to us and ask us some more questions. Once again there we go. We were not allowed to drive to the station ourselves so we pretty much squeezed ourselves,the three of us, into the beck seat of the police car.
Once there, Gilbert and I were separated and put into interrogation rooms. We were told that Noah didn't have one fracture, he had ten. At that point I think for the both of us it was an out of body experience, we were there hearing this but didn't seem real, this could not be happening. It didn't seem right at all, there had to have been a mistake made somewhere along the line, what do you say when someone tells you that your baby has ten fractures? I was so confused, my mind was just blank. The whole time I had a detective pressing me for answers as to how these injuries happened. For all I knew, all that I had been told by my sons pediatrician is that he was a healthy baby. I felt, and still feel, that the rightful answers I was giving, weren't the ones wanted. Who am I against one with a badge? I now see for myself, that I am presumed guilty until proven innocent. That day Gilbert and I were arrested because we weren't able to explain Noah's fractures. Our boys were placed in CPS custody.
We were devastated. We both got sick, I couldn't eat, I was losing my hair, and Gilbert was throwing everything up.The only time I had ever been away from either one of our boys was when Noah was born, and the very next day the four of us were back home. Jail is nowhere you want to be especially when your innocent, but I can tell you that it's nothing compared to the torture of having your babies taken away from you. I would think of my little ones constantly, imagining what they would be doing. In my head I followed our schedule we had at home; Noah would be up by five a.m.,changed,fed, and put back to sleep by six-six-thirty, Aaron will be awake talking in his crib by seven, breakfast by eight,etc...
I spent 25 days incarcerated. The day after I got bailed out we had Juvenal court. In my court addendum it no longer stated ten fractures, now it was eleven. By this time we had a new CPS worker. She spoke nicely in front of my family then asked me to walk with her, she then told me she was going to see to it that we never get our kids back.
Later that day Gilbert too was bailed out of jail.
The both of us had court appointed attorneys, and I'll just leave it at that. The day that I had discovered that Noah had an 11th fracture I continued to ask my court appointed attorney about the age of this fracture. The only thing she was willing to tell me was that it was an old one. Okay but how old? Because all I knew is that Aaron and Noah weren't in my care for almost a month so if Noah had a new fracture what does that tell you?
My family found an expert doctor who had actually helped started the child abuse unit in Loma Linda in the early 70's, he has been a doctor for over 40 years and for the past 6-8 years has studied infant bones and how they fracture. Through his review of all the medical records including x-rays and MRI's he thought it was quite obvious that Noah had a bone fragility and that his fractures were obviously not due to abuse.
When I went back to my court appointed attorney with this information I felt as though I wasn't being heard out. She later told me she had spoken to this expert doctor and that she felt that he wouldn't be a good witness for our case. Of course we called the expert doctor and he said he had been expecting her call but she never called him. Again I went back to my appointed attorney and asked her that if she did speak with the doctor if I could please have something in writing stating that she did so. It was no surprise that she refused. I had told my appointed attorney I wanted this doctor appointed to our case and again she refused. She stated to me that if I wanted this expert doctor appointed, I'd have to do it with another attorney.
In the courtroom I asked the judge to appointed me another attorney and he denied me. The judge said in his own words that just because I didn't like what this attorney was telling me, it wasn't a good enough reason to appoint me another one.
At our next court hearing I asked the judge again to please appoint me a new attorney because I felt the attorney I had wasn't trying her best to help us. The judge pretty much laughed at me saying that my attorney did everything she could. This judge also said he didn't think having a different attorney would make a difference. Now I know why he said that. And If it were true that my attorney had done everything she could then why would she deny my expert doctor to testify?
It turned out that judge knew our expert doctors wife who is an attorney, and had to step down from the case. The second judge we got also stepped down from our case because our expert doctor was his daughters pediatrician over 30 years ago. And that judge felt that our doctor saved his daughters life.
Our CPS workers attorneys also tried to stop our expert doctor from testifying, seeing as he had won previous cases against the doctor who is against us now, Dr. Young. By this time Gilbert and I had new court appointed attorneys and a third judge.
We got our expert doctor appointed and went to "trial". Our expert doctor went to court prepared with the knowledge of his 40+ years experience, reasons how he knew Noah's fractures were not caused by abuse, and wrapped it all in a 200 slide PowerPoint presentation. The judge told our expert doctor that this was not a lecture, and she would not allow him to do his presentation.
Our trial was typical with no way of getting our witnesses subpoenaed, so no witnesses on our behalf, no jury trial ( otherwise people would catch on to what a joke the juvenile court is), no truth, or fairness at all. I don't believe our judge was even paying attention to what was going on. Every time one of the attorneys objected to something she'd stop googling on her paper and looking back at the transcripts on her computer to know what was going on. Our expert doctor wasn't being heard, they didn't take anything he said into consideration. It was a complete joke to these people. This "trail" was obviously one sided, the judge and everyone involved knew what the outcome would be when our case had first started. Their minds had already been made up.
The judge ruled against us because of the substantial amount of evidence (meaning "some credible evidence"). Because Noah had fractures was enough "evidence" for the judge to find the allegations of abuse to be true.?. Even though Noah never had a scratch, a single bruise, or the fact that Noah had never been properly tested for several diseases like Temporary Brittle Bone Disease, Metabolic Bone Disease, ALL forms of Osteogenesis Imperfecta (the Dr.Young, the doctor CPS is using from Loma Linda was only aware of one form of O.I. when she testified), another big one was Osteopenia. Osteopenia runs in Gilbert's side of the family, he's Osteopenic and so is his mother and grandfather. Osteopenia is a low bone mineral density that is typically seen in adults but also known to occur in infants. During the "trial" Gilbert's attorney tried to submit paper worker proving Gilbert was Osteopenic and the CPS workers attorneys fought to not allow this proof in the court. And of course the judge went along with it not allowing this evidence into the case. On this day the judge dropped our visits with Noah and Aaron from twice a week to one hour a month. ***I'm learning that judges typically drop families visitations to gradually get children used to not seeing their parents for longer periods of time. Like in our case, our visitations were dropped to one hour a month, then the CPS worker goes back to court and says children are not bonded to their parents and ask the judge to terminate parental rights. THIS HAPPENS EVERY DAY, SEVERAL TIMES A DAY. Why do people allow this to continue, these are our children we are talking about.?*
There is still plenty more to our story that I want to share, including pictures of my family, videos and stories of other families fighting CPS. I'll be working on that for the next couple of days. Please continue to follow-up with this website.
I Started This Website To See If I can Get Any Legal Help From Anyone That Could Help Me. I Have Sold Just About All My Personal Stuff Trying To Fight To Keep My Children. If You Can Help I Would Really Appreciate it.