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10/10/03 (about 5:15)
Came in the house from cop car at 8:30.
Paul called at work and said that DFS was here. He said that he told her she needed a court order or search warrant and that all the kids were inside. I asked if Ledbetter left and he said that she was sitting in her car. I figured she was probably calling law enforcement. I said that I would come right away and to make sure everyone stayed inside and that they were clean and Max was dressed and diapered.
When I arrived, Paul was in the driveway with a Taney Co Sheriff Deputy and the DFS worker. The cop, Sheriff Deputy Loberg, was yelling and cussing at Paul. Paul was maintaining that they needed a warrant and they we're going to be sorry eventually. Loberg said that he didn't need a warrant and that it was no big deal, they just needed to talk to the kids to unsubstantiate some allegations.
I asked Ledbetter if I could help her and she said that she had a call that the kids were home unsupervised and that she just needed to talk to them to unsubstantiate that claim. I said that this would be no problem - I just needed to see her court order. She rolled her eyes and the cop said that they didn't need a court order. Ledbetter, Tammy Ledbetter, said that this was not an investigation; it was an assessment so they didn't need a court order for an assessment. I said that according to her manual, section a-4, she can only request law enforcement assistance on investigations of allegations that violate the criminal code, not on assessments. I also said that in this section, her investigation shall end when a parent requests a court order.
The Loberg said that I would regret not cooperating with them and asked what I had to hide. I said that these laws were enacted by our legislators to protect children and that I thought they should always be followed. I asked why he wanted to skip procedure. Loberg said this is the procedure. I said that a court order is required and all they need to do is present probable cause to the judge to get an order. I said that they could have an order here in half an hour if they had probable cause; and that if they didn't have probable cause, they shouldn't be here to begin with.
The Loberg asked for my ID. I said that I didn't have it with me because I left work quickly. He asked for my name and date of birth. I asked why he needed this and if I was being pulled over or detained. I also said that if I'm in my home he can't compel me to give information without a search warrant or court order. Loberg said that he was going to take me to jail if he couldn't validate who I was. He said that there were children in the home and he needed to verify that I was the mother or he'd take me to jail. I gave my name . Paul made some comment and Loberg told him, "you need to shut up, I'm law enforcement, I know what I'm doing." I said that I wanted him to get a supervisor here because I didn't like the way he was speaking to me or my son and he clearly didn't know the law so I felt that we needed a supervisor here monitoring the situation. I asked him to please call his supervisor. Loberg then flipped me around and handcuffed me and said I'll call a supervisor in a very sarcastic tone. I told Paul to go in and call Lily, a friend of ours, to come over. Paul went inside and the Loberg took me to his car.
Then Loberg got in the front and called the dispatcher and asked her to contact 115 (?). She said, "I don't want to" and he said, "You don't want to? Well you have to." The dispatcher connected the supervisor and the cop and he asked him to come out and assist. Very soon, there were several cop cars here, about 4 or 5. Then, Sheriff Supervisor, Matt Wheeler, came to the car and said that he knew me and has always found me reasonable. Wheeler said that all they wanted to do was see the kids. I said that I wanted out of the handcuffs, that I can't be detained when they have no legal authority to be here to begin with. I told him, like the other cop, that they could get a court order very quickly if they had probable cause. Wheeler said that the report was anonymous so they couldn't get a court order. I was trying to explain that the law protects children and that my children were being traumatized right now because they knew their mother was in a cop car handcuffed. Wheeler got angry and slammed the door.
They all talked for awhile. Wheeler came back and said that if I didn't cooperate they would arrest me for obstruction of a DFS investigation and 33 my children. I started to respond and Wheeler said, "Look we're going in your house, we'll hold you here in the car while we go in your home, we're getting in there one way or another." Then he said again that he's always found me reasonable and I needed to cooperate with them. I said that if they entered my home without a court order, it would be a blatant constitutional violation and that if this happened, each officer would be held personally liable. I said that I strongly recommend that he contact his legal counsel first. Wheeler shut the door, they talked more, and then they went up to my house. After awhile, I saw my 16-year-old son, Paul being led out in handcuffs and put into the car behind me.
Next, I saw all my children being led out into the driveway. Ledbetter was standing in front of our van and the kids were brought out and placed in front of her, facing her. The cop was talking to them, and then Ledbetter was talking to them. They could see both me and Paul in cop cars. Max was wearing a short outfit and was crawling around the driveway. There was water in the driveway from rain. Several cops and the DFS worker were standing around while Max was crawling in the driveway.
Clinton picked Max up and went inside. After awhile he came back out and Max had a coat on. He put Max inside the front passenger seat of the van. The DFS worker was talking to the other kids.
Wheeler came out and said, "Every one of your fucking kids is telling me I need a search warrant. This is shit that you've put into their heads." I said that he does need a search warrant and my children were right. He said that I was brainwashing them.
After awhile the kids went back inside. The cops and the DFS worker continued to talk. At one point they got Paul out of the cop car and changed out his handcuffs. A lot of time went by while they were all on radios and cell phones. Eventually they came to get Paul out of the cop car. They took him in the house. I saw Paul come out and talk with the neighbors next door. Wheeler came to tell him something, then they both came over to the cop car. He took my cuffs off and said that Paul wanted to talk to me. Paul asked what I was going to do. Wheeler interrupted and said that they were taking Max. He said that I was reasonable, that I needed to listen to what he was saying because if I didn't sign an agreement with the DFS worker, he would take all my kids. Wheeler said he didn't want to hear any lawyer shit and to shut up and listen to him and that if I gave them any crap about signing this caseplan, he would take all the kids.
I came inside and talked to the DFS worker. She had a safety plan filled out and asked if I'd sign it. I told her I would if they would leave Max. I said that I would stay home from work with Max until the DFS worker was satisfied if they would leave Max here. She said that it wasn't up to her, it was up to the cops. I asked Wheeler the same thing and pleaded with him to leave Max. I explained that he nurses at night and that he's very bonded with his brothers and going to foster care would be very traumatic for him. I said that I would do whatever he wanted if he would not take Max. Wheeler said I should've thought about that before I decided to fight with them.
Wheeler made it very clear that I had to sign the plan or he would take all the kids - Wheeler said "if you even say one word about this, I will walk out the door with them right now." I signed the plan. The DFS worker gave me some papers. She had me initial a paper that listed my rights and responsibilities, but said that she didn't have a copy of this form. She left copies of everything else. She asked if I had a car seat and I got it out for her. She took 4 diapers, a can of powdered formula and a bottle with her. They all left.
Clinton cried uncontrollably for quite awhile because he was worried about Max.
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