Over & Over we see Injustice & discrimination against families in Collin County; here’s some stories…

if you have more, send em in to itsalmosttuesday@gmail.com.

CLICK HERE TO DOWNLOAD AN AUDIO RECORDING OF ANOTHER CPS ABUSE CASE

AGAIN at Collin County Children’s Advocacy Center, Plano, Texas, the location of the advocacy center that wrongly took my child and placed him in a foster home. Much like the case below, my child was taken after allegations of sexual abuse were made by a 14 year old girl against a perpetrator who eventually plead guilty to several counts of aggravated sexual assault of a child and forced prostitution. Collin County administratively closed that case file without investigation 2 years prior to another county catching the molester – oops!)

Like the case below, they also placed a gag order in my little boy’s case because COLLIN COUNTY OFFICIALS ARE afraid of the truth coming out!!!

Why are they re-abusing victims of abuse in COLLIN COUNTY TEXAS?

CCCAC -  ADMIT YOUR MISTAKES FOR A CHANGE AND DO RIGHT BY THE CHILDREN IN PLANO/McKINNEY/ALLEN, TEXAS – ITS YOUR OBLIGATION!!!

Meanwhile, I want to find out about ANY OTHER stories out of Collin County?

Please send them to this blog-owner in email to itsalmosttuesday@yahoo.com.

This Is Their Story:

Chronology
12/04/00/MS:
Divorce granted between Donna Chandler (Donna) and David Chandler (Chandler). Paragraph 4 of the Judgment of Divorce, gave the final authority concerning the health, education and welfare of children to Donna. Chandler was granted liberal visitation.

07/13/04/MS:
Kayleigh Chandler (Kayleigh) gave her mom, Donna, a note Mama – my privates hurt BAD!! The note included Kayleigh’s drawing of an erect penis. Donna took Kayleigh to see David Grantham, Ph.D. in Jackson, Mississippi. Dr. Grantham personally called Dr. Tammy Henderson from his office and set up an appointment for Kayleigh to see her after he saw the note.

07/16/04/MS:
Donna took Kayleigh to see Dr. Henderson, who told her that Kayleigh had been sexually molested and expressed concern that Chandler may have been the perpetrator because Kayleigh said, If my Dad did it, I would not know because I sleep so hard. Dr. Henderson’s medical records contain a complete description of her findings that Kayleigh had been sexually assaulted. Dr. Henderson testified at the motion hearings and trial about her findings. She testified that when she told Donna about the sexual assault Donna crumpled to the floor in horror and agony. (Thus, there was no evidence of manipulation or “brainwashing” as Kramer asserted in his Preliminary Report) Dr. Henderson told Donna to take Kayleigh directly to the University Medical Center Rape and Crisis Center in Jackson, Mississippi, (UMC) which she did immediately. The findings of UMC were consistent with the findings of Dr. Henderson. The staff at UMC contacted a social worker who immediately contacted the Lauderdale County Sheriff’s Department and the Mississippi Department of Human Services (DHS), each of which began investigations.

08/30/04
Donna moved to Texas with Kayleigh and her little brother, Michael, and enrolled them in school in Plano, Texas, just north of Dallas.

10/00/04/TX:
Kayleigh was enrolled in the Collin County Children’s Advocacy Center (CCCAC) treatment program, a premier, state-of-the-art facility that focuses on treatment of children who have been sexually assaulted. While there she was treated by trained individuals one of whom was Renee Mathews – who worked at CCCAC as a counselor while working towards her masters degree – (Kramer purportedly stated that he did not believe anything Renee Mathews told him be cause she was not a certified, licensed counselor, although the director of the CCCAC vouched for Ms. Matthews’ qualifications and ensured that her work was closely supervised by other licensed professional counselors employed by CCCAC.

10/29/04/MS:
Chandler filed a Petition for Modification and Motion for Contempt against Donna in Mississippi for not allowing him to see the children. Although Chandler had not objected to Donna’s moving to Texas with the children and had not previously pressed the issue of seeing them, he decided to file an action in Mississippi against Donna shortly before Mississippi would have lost jurisdiction over the children.

12/00/04/TX:
Late November or early December 2005 Kayleigh told her counselors that her father had sexually hurt her. (The notes of CCCAC reveal that Kayleigh identified her father as the individual who sexually molested her). Kayleigh never named another person as an individual who sexually assaulted her. Kayleigh’s statement of what happened never varied. (At the hearings and trial in MS, the Court, Sarah Springer (“Springer”) refused to allow Kayleigh’s medical records from CCCAC and the treatment records to be introduced into evidence)

12/20/04/TX:
Though he had never been there before, Chandler and another man, Gary Riley, of Meridian, Mississippi, came to Kayleigh’s and Michael’s school unannounced at Kayleigh’s and Michael’s school while Donna was there. Chandler proceeded to ask a great many questions of the school staff (which Donna overheard) which made the school secretary, nurse and principal very uncomfortable. School personnel immediately contacted the Plano Police Department and denied Mr. Chandler and Mr. Riley access to the children. Chandler and Mr. Riley then went to different doors around the school to see if they could get inside and when unsuccessful, they sat in the car and watched the school until the police arrived.

01/00/05/TX:
Late December 2004 or early January 2005 The Texas Department of Child Protective Services (CPS) began an investigation. Forensic interviews were conducted of Kayleigh. The CPS notes and summaries of the forensic interviews prove that Kayleigh was telling the truth about the sexual assault by her father. (At trial in MS, the CPS records were not allowed into evidence although they were produced to the Court in response to a subpoena, and were produced with a subpoena so they were self-authenticating within the meaning of the MS rules of evidence).

02/07/05/MS:
Edward N. Kramer, III (Kramer) was appointed Guardian Ad Litem for Kayleigh and Michael. Kramer asked for access to the children for evaluation. Thereafter, the Court ordered Donna to bring the children to Mississippi so that Kramer could visit with the children and so that David could exercise supervised visitation with Kayleigh.

03/21/05/MS
Spring Break – Donna brought Kayleigh and Michael to Mississippi and took Kayleigh and Michael to meet Nick Kramer for the first time at Kramer’s office at 9:00 a.m. Although Donna had contacted Kramer before Spring Break and offered to make the children and herself available to him for any questions, he never arranged any meeting. When Kramer did meet with the children on March 21, 2005, it was his first and only meeting with the children until they were placed in foster care 08/22/05. Kramer met with the children together for one hour and then determined that Chandler could see the children each day of Spring Break from 10 a.m. to 5 p.m. under the supervision of his wife.

03/22/05/MS
Chandler and his parents arrived at Kramer’s office to take Kayleigh and Michael for the day. Donna objected to Chandler’s parents being there to supervise, rather than Mr. Chandler’s wife. According to Donna, Kramer told her in response, there is nothing you can do about it. I’m in control.’

03/24/05/MS:
CPS concluded that Chandler had indeed sexually assaulted his child. CPS sent a letter to Chandler advising him of their findings. (The CPS records were not allowed into evidence despite the fact that they were delivered directly to the Court Clerk in response to a trial Subpoena Duces Tecum.)

04/20/05/TX
Donna heard nothing further after that about the Petition Chandler had filed in October, 2004. She heard nothing from Nick Kramer or from her attorney, Larry Primeaux. Donna spoke with Mr. Primeaux’s paralegal, Elizabeth Partridge, who assured her not to worry, we have put your file away.’ After that, Donna assumed that there was no more litigation ongoing and that things had been put to rest.

06/30/05/TX:
Donna received a call from Larry Primeaux, who told her that he had received a verbal report from Nick Kramer and that things weren’t’t going well’ that Donna should get the case filed in Texas’ and that there was a hearing on July 7, 2005. Donna asked him if she needed to be there and he told her not to worry about it, I will handle it’. Donna did not return to Mississippi for the July 2005 hearing.

07/07/05/MS:
Though no hearing was conducted, the Court entered an Order that Chandler would be allowed to see Kayleigh and Michael for a week beginning July 16, 2005, under the Asupervision of Kramer and that the children would spend the nights with Mr. Chandler’s parents. Donna did not learn of the existence of this Order until July 10, 2005.

07/10/05/TX
Donna received a phone call from her attorney about the entry of the July 7, 2005 Order and was told that Chandler would be allowed to see Kayleigh and Michael for a week beginning July 16, 2005, under the direct supervision of Nick Kramer and that the children would spend the nights with Mr. Chandler’s parents. Donna did not see any type of Order or anything in writing to this effect until approximately two weeks after this phone conversation with Mr. Primeaux.

07/11/05/TX:
Kayleigh and Donna went to CCCAC for Kayleigh’s regular counseling session. Donna told Kayleigh that something had happened and that she would be seeing her father on July 16, 2005. Heather Endsley and Jennifer Hoskins were both there. Kayleigh’s reaction to this news was extreme. Kayleigh wailed at the top of her lungs NOOOOO’ upon hearing this news. She refused to leave the Advocacy Center. Donna and others had to pry Kayleigh’s fingers off the chair she was in and drag her to Donna’s car. Kayleigh’s counselor, Renee Matthews, who had been treating her for almost a year by this time, strongly asserted that it would be a terrible idea to allow Kayleigh to be with her father.

07/16/05/TX:
Donna hired a lawyer in Texas and filed an Application for an Emergency Protective Order. A temporary protective order against Chandler was granted by the Texas Court but was later set aside.

08/01/05/TX
Hearing on protective order. Protective order dismissed, based partially on Kramer’s Affidavit assuring the Texas Court that he was “supervising” any visitations with Chandler and the children.

08/15/05/MS:
Kramer submitted a Preliminary report to the MS Court that said he did not believe the medical evidence, he did not believe the note Kayleigh left, that he did not believe Kayleigh but that he did believe Donna and her mother, Dr. Sundra Girard, had manipulated and Abrainwashed Kayleigh into asserting that her father assaulted her. The report did not identify facts to support his claim of manipulation.

O8/17/05/MS:
On August 17, 2005, based upon Kramer’s report, a Sua Sponte Order was entered by the Court in Mississippi directing Donna to return the Children to Mississippi and to give the children to DHS. The Order was based upon Kramer’s conclusion that Kayleigh had been manipulated into charging her father. The Order ignored the medical evidence, the other documentary evidence and ignored Kayleigh’s statement to Kramer.

08/19/05/MS
Sundra Girard, Ed..D., (Dr. Girard) the maternal grandmother of Kayleigh and Michael, hired an attorney, Karen Spencer (“Spencer”) to file a motion for Dr. Girard to intervene in the civil action in Mississippi based upon her statutory rights as a grandparent to protect her relationship with her children and to file a motion for reconsideration and/or clarification of the August 17, 2005 Sua Sponte Order. Dr. Girard presented documents, copies of medical evidence, copies of CCCAC treatment records and a copy of the Chancery Court file for her attorney to review. Based upon the facts and existing law, Dr. Girard’s attorney contacted Kramer to attempt to resolve the apparent misunderstanding of the Court and parties, to no avail. The Motion for Reconsideration for Donna and Dr. Girard’s Motion to Intervene to protect her statutory rights as a grandparent were filed.

Late that afternoon, a hearing date was set by Donna’s attorney for August 22, 2005. Spencer filed the pleadings by fax in accordance with applicable rules and filed the required notices. At 4:30 p.m., Spencer called Stewart Parrish (Parrish), Chandler’s attorney, and left word for him to call her. He was gone from his office for the day

08/20/05/MS:
Spencer was concerned about that Parrish might not get notice of the hearing to take place on Monday, so as a courtesy she called Parrish at home to tell him of the hearing.

In response, since Spencer became involved in this case on August 19, 2005 four Motions for Sanctions and for Civil and Criminal Contempt have been filed against her without basis in fact or law.

08/22/05/MS:
Donna, Spencer, and Dr. Girard appeared with witnesses ready to put on a constitutionally required evidentiary hearing to prove that the children should not be given to DHS. (The State and Federal Constitutions require an evidentiary hearing.) Springer refused to allow a hearing. Instead, she directed a DHS representative to take the children from Donna. DHS and Kramer placed the children with Chandler’s parents.

Spencer was ready to present a multitude of evidence: Kayleigh’s medical records, CCCAC treatment records of Kayleigh, copies of the Watkins Hospital records, testimony of Dr. Tammy Henderson as well as approximately 10 other witnesses. However, Springer decided that the case would not be heard that day. It would instead by tried on September 20, 2005. Springer then ordered the children to be evaluated with psychologist, John Jolly, Ph.D.

08/24/05/MS:
The Court advised Spencer that the youth court had concurrent jurisdiction of the case so a shelter hearing was going to be held. At the hearing Springer allowed Donna to testify that she was concerned about the children being at the home of Chandler’s parents. Kramer advised the Court that he believed that custody of the children should remain with Chandler’s parents. Springer ruled that the children should be placed in a foster home rather than with Chandler’s parents.

08/29/05/MS:
Donna was not allowed to see her children and did not know where they were when Hurricane Katrina devastated the State. DHS did not respond to Donna’s repeated pleas for information about the safety of her children. Kramer refused to give information to Donna to even let her know that the children were safe and alive following the hurricane.

09/06/05/MS:
Spencer set a discovery deposition of the UMC doctors who had treated Kayleigh. Parrish’s office gave Spencer a date that he was available. The notice of deposition was filed. Within an hour of serving a copy of the deposition notice on Parrish, Spencer received a Motion to Quash the deposition and the court granted it.

09/00/05/MS:
Spencer consulted with Sacky Holdiness, Ph.D, a psychologist in the Meridian, MS area. Dr. Holdiness advised Spencer that the children – especially Kayleigh – could suffer permanent emotional damage if they were not returned to their mother soon. After 6 weeks in foster care without their mother, there could be permanent damage to the children because of the circumstances surrounding taking them and the harm already done to Kayleigh. Spencer asked Donna to meet with Dr. Holdiness, which she did. Later, Dr. Holdiness said she saw no evidence of manipulation of Kayleigh – and no brainwashing.’

09/08/05/MS:
Trial Subpoenas Duces Tecum and Subpoenas to testify at trial were issued and returned. Copies were delivered to Parrish and Kramer. Based upon her experience that sexual abuse cases often involve child pornography and adult pornography on the internet, Spencer issued three Subpoenas Duces Tecums for Chandler’s computer – one to Faith Church where Chandler worked part-time, one to Heartfelt Hospice where Chandler worked full time and one to Chandler for his personal computer. Walter Wells, the Pastor of Faith Church called Spencer when he received the Subpoena to advise he had the computer. Spencer instructed him to take it to the Clerk’s office and he said he would do that. Spencer called the Clerk’s office to make sure they could lock the computer in a room to keep it secure until trial. However, less than an hour after Spencer first talked to Walter Wells, Mr. Wells called and said the computer hard drive was missing from the computer so he could not deliver it to the Clerk.

09/12/05/MS:
The Court set a Status Conference for September 12 so Spencer filed a motion to ask the court to return the children to their mother hoping that the court would reconsider her position. Spencer set the hearing for the date of the Status Conference and arranged for witnesses to be there in case the court allowed a the constitutionally required hearing. Spencer believed if she could get the Court to look at the evidence, Springer would see the errors in Kramer’s Preliminary Report. At the Status Conference, Kramer said he had still not arranged for the children to be evaluated by Dr. Jolly as he had been ordered to do on August 22, 2005. Spencer asked that Donna be allowed to visit with the children but the Court refused her request. The Court refused to allow a hearing on the motion but set another status conference for September 15.

09/15/05/MS
The Court conducted a Status Conference. Kramer said Dr. Jolly, the court appointed expert had not completed his report. Kramer said he had not begun his final Guardian Ad Litem report. Spencer asked the court to consider appointing another more qualified Guardian Ad Litem. Springer refused.

09/16/05/MS:
Spencer drove to Quitman, Mississippi and met with Kramer. Spencer talked to Kramer about the basis for his brainwashing’ and manipulation’ conclusions about Donna. Kramer refused to allow Spencer to review his file and refused to allow Spencer to obtain a copy of the DHS file. Kramer said he did not know when he could have his final report ready. Kramer did indicate to Spencer that Dr. Jolly had been provided all relevant documents.

09/17/05/MS:
Spencer and Donna prepared for trial. Approximately 20 Subpoenas and Subpoenas Duces Tecum were issued and copies were sent to Parrish and Kramer.

09/20/05/MS:
Donna appeared ready for trial on the merits. Parrish was ready for trial but Kramer was not. The Court continued the trial but did not actually set a new date for trial.

Springer gave three folders of evidence subpoenaed by Spencer directly to Kramer.

Springer ruled that Donna could not issue other subpoenas without prior Court approval. Springer quashed the Faith Church computer Subpoena and Chandler said he did not have a computer.

Next, Springer entered a Gag Order that more or less stated that the parties and their attorneys should not talk to others about the proceedings. Spencer was asked to draft the Order but Spencer and Parrish could not agree, among other things, whether Dr. Girard’s name should be included in the Order. Spencer’s version of the Order said Aattorneys, parties and their agents are prohibited from discussing the proceedings with third parties. Dr. Girard was a client and a person with an interest in the proceedings but she was not a party . Spencer tried to get the court to allow Dr. Girard to intervene, but the motion was denied despite the fact that grandparents have a statutory right to protect their relationship with their grandchildren. If Dr. Girard had been allowed to intervene she would have been a AParty and would have been specifically prohibited from discussing the proceedings with others. Parrish submitted a proposed Gag Order that included Dr. Girard by name as someone who was prohibited from discussing the proceedings. Judge Springer entered her own order – Springer’s Gag Order did not include Dr. Girard.

At the hearing, Spencer received a copy of Dr. Jolly’s report stating that there was no evidence of manipulation.

The Court ordered Kramer to prepare and file, on or before October 6, 2005, a final report, or, if he could not prepare a final report at least prepare another preliminary report detailing why custody should not be returned to the Mother. The court set a status conference for October 6, 2005 in Meridian, MS.

09/27/05/MS:
Spencer filed a Second Motion to Return Custody to the mother based upon Dr. Jolly’s conclusion that there was no evidence of manipulation and that it appeared to Dr. Jolly that Kayleigh was telling the truth.

09/28/05/MS:
Almost six weeks after the children were taken from Donna and put into foster care with DHS, Donna was finally allowed a supervised visit with Kayleigh and Michael at DHS. Kayleigh told her mother that she believed it would be best if she (Kayleigh) was not around – there would be no more tears – no more pain – Donna took this a serious suicide threat.

09/30/05/MS:

Spencer filed a Motion for an Emergency Hearing on the already filed Motion to return custody, based on the grounds that Kayleigh had threatened suicide while in DHS Custody. The Court refused to hear the emergency motion. Spencer had obtained information of the class action lawsuit against DHS for physical and mental harm done to children who had been placed in DHS custody.

Springer did enter an order stating there would be no more hearings or status conferences in Meridian, and removed the previously scheduled status conference for October 6, the date she had set for Kramer to file his final report. The Court then declined to give Spencer a trial date until Kramer’s report had been filed, which made it impossible for Spencer to move the case along.

09/30/05/MS:
Springer sent Spencer a letter saying Spencer had violated the Rules of Professional Responsibility and Rules of Court because Spencer had sent a letter to the Court, even though Spencer had provided all attorneys of record with a copy of this letter.

10/12/05/MS:
Spencer filed an Amended Second Motion to correct an error in attached exhibits. The Amended Second Motion was identical to the one filed on September 27, 2005 except that the exhibits were correctly attached. This was done to correctly preserve the record for an appeal.

10/00/05/MS:
Spencer tried to get a setting in October in Clarke County, MS for the Amended Second Motion but was unable to obtain a setting from the Court administrator before November, 2005. By this time, the children had been away from their mother in foster care for 6 weeks – all without a constitutionally required hearing taking place.

10/00/05
Even though the Dr. Jolly, an expert appointed by the Court, had examined the children and concurred with the existing evidence as to Kayleigh having been had been sexually molested, the Court appointed yet another expert to treat the children, Dr. Jan Boggs. Donna met with Jan Boggs and then the children met with Dr. Boggs. At some point, Dr. Boggs told Donna that the children should be returned to her and he was very complimentary of her parenting skills.

10/17/05/MS:
Since the October trial date had been removed from the calendar without a new trial date set, Spencer filed a motion to require Kramer to file a final report.

10/19/05/MS:
Spencer filed a motion for trial setting since Springer had refused to give her dates for re-scheduling trial.

10/28/05/MS:
Chandler filed a Motion to Terminate Donna’s visitation alleging that she was manipulating the children during visitation. Until this time, Donna had been allowed only a handful of hours of supervised visitation with the children for the preceding two months, so it was unknown to Donna how she could have been perceived as manipulating the children.

11/07/05/MS:
Hearing. Court refused to hear Spencer’s motions and refused to allow her to present any proof, despite the fact that there had been no evidentiary hearing when the children were taken from Donna. Donna argued that the children should be returned to her for the Thanksgiving Holiday. Spencer asked for a copy of Dr. Boggs report but Kramer said there was no report – verbal or otherwise. The matter was set for status conference for December 5, 2005

12/05/05/MS:
The Court conducted a status conference, but not a hearing. Springer did not allow Spencer to put on evidence. The children were ordered to be returned to their Mother, and were returned to the custody of Donna, but Mr. Chandler’s original visitation rights under Decree were restored without supervision. The Court asked Spencer and Kramer to draft the Order and Kramer added in his own language. There were two meetings with Springer in her Chambers for the Court to check the language of the Order which was finally signed by Springer. Though Spencer pleaded with the Court to order Chandler to have supervised visitation with the children, Springer refused.

The children were given back to Donna at 3:00 pm at the offices of DHS.

Spencer filed a Motion to Lift Gag Order – so that all information could be given to law enforcement and because Chandler had been openly talking about the case to individuals in Quitman, MS. Later, Chandler openly gave a story to the local television station and newspaper about the case, in direct violation of Springer’s Gag Order, but no action was ever taken against Chandler, contrary to the action taken against Donna and her attorney for their alleged violations of the Gag Order.

12/13/05/MS:
Spencer filed a Notice of Hearing setting the Motion to Lift Gag Order for January 6.

12/20/05/MS:
Without a hearing, the Court entered a revised order giving DHS Custody – and giving Donna only physical custody.

01/09/06/MS:
Springer conducted a hearing on pending motions. Spencer had a conflict and called Springer to request she be allowed to participate by telephone. Springer denied Spencer’s request, although both Springer had previously allowed both Parrish and Kramer to participate in hearings by phone. The Court entered an order directing Spencer and Donna to be in Court on February 3, 2006 for pre-trial motions and trial on February 6, 2006.

01/09/06

Spencer sent copy of Order by certified mail to Donna. Spencer did not hear from Donna.

At some point after the December 5, 2005 status hearing, Donna had disappeared with the children.

01/19/06
Spencer filed a Motion to Withdraw as attorney for Donna.

01/26/06
Chandler and Kramer each filed a Motion for Sanctions and to hold Spencer in contempt regarding Donna’s decision to leave Mississippi with the children.

02/03/06
Hearing on motions – Spencer not allowed to withdraw. Spencer was cross-examined for four days.

02/03/06-02/10/06
Springer conducted hearings and trial, dismissing all defenses filed by Donna. Springer also issued a Bench Order and Judgment, gave custody to Chandler and DHS, ordered Donna to serve 30 days in jail, held Donna in contempt until she returned, and took under advisement all claims against Spencer, thereby keeping open that portion of the case for an indefinite period of time.

02/21/06
Chandler filed Motion to Hold Spencer in Contempt of Court for Violation of the Gag Order, alleging Spencer took some part of an internet story about the case.

02/27/06
Spencer filed Notice of Appeal for Donna and separate Notice of Appeal for Dr. Girard.

02/28/06
Springer held hearing on Chandler’s Motion. Springer entered order prohibiting communication between Spencer and her client, Dr. Girard and ordered privileged attorney-client work documents to be turned over.

03/02/06

Chandler filed a Petition to Show Cause against Dr. Girard to show she did not violate the gag order.

Court enters Order for Dr. Girard to show cause.

07/31/06
Appeals pending.