Submitted by Marianne

To Whom This May Concern,

My family and I have had an ongoing issue with the Alabama Department of Human Resources since October of 2003. My ex husband and his wife filed false drug and sexual abuse charges against my husband and me. The social worker, Thersa Cowling, falsified the documents by lying about visits, conversations, and phone calls that she said she had with me. In November of 2004, my three children from my first marriage and my two children from my second marriage were taken away from me. The abuse was supposed to have occurred to my 5 year old from my first marriage. In court, the judge said he would never believe an accused parent over a reputable DHR worker. When I tried to speak, he threatened to put me in jail. He said that is what I had a lawyer for. When I looked at my court appointed lawyer, she looked at the floor.

From November of 2004 to October of 2005, I did everything they told me to while my ex husband and Thersa Cowling continued to lie on me. My 5 year old told them that my husband never touched her. She told them that her daddy told her that she had to say that. Thersa Cowling told her never to tell anyone else that. In court, she told the judge about several teenagers that came forward with the same complaint against my ex husband. She said that DHR was currently investigating the claims. There were no teenagers, no investigations, and no new claims. But, the judge used that information to determine that I endangered my children. Although, by law, we’re able to prove that my ex is not the father of my two babies, the court ruled that legally he is the father. My three girls were placed in his custody (although there were questions of abuse on his part) and my two babies were placed in state care. Because I had a different address on my license and the school records than where I actually lived (which was next door), the GAL threatened to have me arrested and have my children taken away from me permanently if I didn’t sign a form saying that my children were dependent. My court appointed attorney advised me to sign the form which would prevent me from losing the children. She said that was the only way of ensuring that I would get them back. So, I signed (under duress) the form. This was in May 2005. I didn’t get them back until October. The attorney now tells me how wrong the GAL was for doing that, but she didn’t seem to think so at the time she told me I had to sign.

The children were returned to me in October of 2005. At the time, I was pregnant with my twin girls. DHR told me they didn’t care about my pregnancy. They said their only concern was the children that were in the complaint. In February of 2006, I received a visit from the Birmingham School system truant officer. He was there threatening to put me in jail for keeping my children out of school. My ex husband had filed a complaint with the Board of Ed that from the time the children came home in October, I hadn’t been taking them to school, so they were supposedly out from October to February. He also filed a motion in Family Court asking for custody because the kids were missing school, they were dirty, and they were around my husband (who I wasn’t married to at the time) when there was a court order in place keeping him away from them. On February 28, 2006, I had to go back to court. At that time, the judge did not find any basis to his claims, the children were left with me and my case with DHR was closed.

On March 9, 2006, DHR and Birmingham police showed up at my house and took my children again. On March 10, 2006, I went back to court. DHR and the GAL claimed to have law enforcement proof that my husband was in the house around the children which violated the court order. I was threatened with jail time for contempt of court. It turns out that their law enforcement proof was my ex’s cousin and a police detective friend of his. Detective Cox came to Family Court saying that a buddy of his, Officer Lafacadio Henderson (my ex’s cousin), told him that there was something going on in Family Court that he needed to know about. Detective Cox claimed that my husband was arrested for check fraud in Tarrant. After he was arrested, he brought them to my house where he opened the door with a key, led them through the house to the back room where the computer was to give them several emails that he had printed out in the month of November. Based on his testimony, my children were again taken away from me. This time my oldest three girls were placed with their father and my two younger one’s went back to foster care. My ex told the judge that he never wants any children back in my home. He said he would keep his girls and he wanted the other two to stay in foster care. First, Lafacadio Henderson is not an officer. He was fired from the force in 2000 – 2001 after sticking his police issued weapon in his girlfriend’s mouth and threatening to pull the trigger. Second, my husband was never arrested in Tarrant. Third, what officer is going to arrest a person and take them back to a house? Isn’t it policy to take them to jail? Fourth, my husband didn’t have a key to my house he couldn’t have let anyone in. Fifth, my computer was not in the back room of my house, it was in my living room about 5 ft away from the front door. Sixth, the emails that he had were emails that I had printed out and how could he honestly testify that my husband printed them out without being there to see him print them out? Again, when I tried to voice my concerns to the judge, I was threatened with jail time. I tried to get my attorney to say something; she told me that it was no point because he wasn’t going to listen anyway. That night, I was rushed to the hospital. The diagnosis was Placentia abruptia brought on by stress. My twins were born 6 weeks early. They had to stay in intensive care for about a month. My original due date was in April 2006.

I was not allowed to see my children. My ex refused to allow me to see or talk to my daughters and DHR would not schedule visitation for me. In late May 2006, DHR received two complaints. One from my ex and one from his wife. No one knew I had given birth to twins or when. The complaints both stated that the baby (singular) had been born, and it (no gender) was in danger because it was living with my husband and me. This was before he and I got married, we weren’t living together. DHR went door to door in my neighborhood as well as my husband’s neighborhood telling the neighbors that my husband had this baby in danger because he was a convicted child molester. My husband has never been charged nor convicted of molestation. Without proof of any danger, I ended up back in court again. My twins were taken away at 3 months old. DHR told the court that I was under court order to inform them when the baby was born and that I violated that order. There was no such order. They also told the judge that I had avoided contact with them during my pregnancy because I was hiding from them. The worker was coming to my house once per week. She was sitting with us in my living room watching movies. How did I avoid contact with her? DHR also told the judge that I had tried to run with the babies. They said that I moved without notifying DHR and that I had to be tracked down to Montgomery through a U-Haul receipt with a hotel address on it, which wasn’t true. The judge told me that it was common knowledge that I would automatically have to give up any children I have if I already have children in care. He didn’t want to hear that I hadn’t moved, or that I didn’t have to be tracked down in Montgomery.

Again, my visits with my children were refused. I was not allowed to see them. By the time I did see them again, they didn’t know who I was and they cried when I tried to go to them. It has been like this now since June 2006. I was originally scheduled to see them once per week, and then it was cut down to twice per month. At that time, I might have seen them once per month. I’ve had 4 – 5 different worker’s on this case. Each one does the same thing. I am given a date to see them, I go, the children don’t show. They are now trying to terminate my parental rights. My ex and his cousin somehow got to the foster family that has my five and six year old and told them not to let me see my children although I have court ordered visitation.

The social workers have refused to do the home evaluations for relative placement. They are not honoring my visitation. They are finding things wrong with my children that require them to have to go to the doctor or hospital. My five and six year old are biologically my husband’s children. He’s not allowed to see them and he can’t see the twins although he has been determined their legal father. He hasn’t seen the two older children since our daughter was one and our son was 3 months. He hasn’t seen the twins since they were 3 months. He has been ordered to pay child support, but they refuse his visitation. They sent me for two psych evaluations. The first one was ok; the second one was full of lies. She started out by telling me that DHR doesn’t tell her anything about me. But, she proceeded to ask me questions about my case that she wouldn’t have known about unless DHR told her. They have had me with 4 counselors that tried to convince me I was mistaken and that it was true that my husband molested my daughter. They tried to make me believe that I left my daughter alone with my husband when I went shopping and he molested her when I was gone. How are they going to convince me that I did something I didn’t do? Then DHR got upset because I wouldn’t admit that there was at least a possibility. They say I am choosing my husband over my children.
Thersa Cowling was investigated for falsifying documents. Instead of firing her, they transferred her to Bessemer. Larry Chapman is a counselor whose services are contracted by DHR. He is under investigation for trading sexual favors for writing favorable reports for parents to help them get their kids. Thersa Cowling was the original worker on my case and Larry Chapman was the counselor assigned to my three older girls.

I’ve read a lot about CPS/DHR workers abusing the system. I read about the senator that was heading up the investigation and how she and her husband were killed in an apparent murder/suicide. I have also read about the upcoming rally in DC July 23 - 25. I’ve read about the ‘Legal kidnapping’ of children by CPS/DHR. But, in all my readings, I don’t see anything about Alabama. Not all counties in AL seem to be having this problem, but you can talk to anybody about Jefferson County and they will all say the same thing. Family Court is full of low income single mothers and families. Jefferson County DHR needs to be investigated. We are not imagining what is happening to us. I’ve tried writing to the mayor, the district attorney, our senators, and our governor. Governor Riley didn’t do anything but forward my letters to DHR to claims they reviewed the file and didn’t see where DHR did anything wrong. I had three different DHR workers tell me that DHR doesn’t have anything on us but hearsay and unproven allegations. The mayor, DA, and the senators all told me how sorry they are to hear what my family is going through but that there is nothing they can do. DHR here in Alabama seems like they have no one to answer to. It’s as if they run things themselves and I know that can’t be. I know what they are doing to us is illegal and wrong.

Since May 6, 2010, I have seen my four babies at the same time twice. I have seen just my five and six year old twice. I haven’t seen the twins since May 28th. I talked to the foster parents for the older two; they told me no arrangements for visitation have been made. But, the worker, Tara Richey, tells me that the kids were supposed to be there the foster parent must have forgotten to bring them. DHR has never given me copies of the paperwork that I have asked for, copies of the complaints, results of the investigation, etc. The clerk’s office at Family Court told me that other than the court orders and court reports, DHR has not placed anything in the court files (which they thought was strange). DHR has asked that a ban be placed on the so called evidence documents they have. Even our attorneys can’t see them unless they are in the courtroom and they can’t make copies of anything.

Please, please look into our case. Something is wrong and at this point, there’s no one to turn to. The lawyers aren’t helping. The termination suit began, DHR asked for a continuance, the judge asked our attorneys if they were sure they wanted to do that because we were winning. Our attorneys allowed the continuance. They just keep dragging things along. They’re getting paid, DHR attorneys are getting paid, the counselor is getting paid, our visits are being denied, and our children are being mistreated. I read that the state gets about $7 for every dollar that they pay out. Is this why children are being held hostage? What are they doing with the money? It sure isn’t been spent on my children judging by their condition when I do see them.

Two of our children were removed from the foster home that they are in for abuse allegations, one month later they were placed back in the same home. All four kids keep colds regardless of the weather. Keona (6) and Keon (5) have ringworm every time I see them. And, the list goes on.

My ex husband recently found out that I am still fighting to get my children back. He has started making phone calls again. He doesn’t know where I am and I haven’t seen him since March 2006, but he’s still trying to stop me from getting children that aren’t even his. DHR doesn’t even question why he is involving himself in something that has nothing to do with him.

Please help my family. Investigate Jefferson County DHR. I know we are not the only family that is being abused.

Thank you,

Marianne Farley