Thursday, November 29, 2007

No News

As you probably guessed by the lack of a late afternoon update, there's no news. Our investigator didn't answer the phone or return our lawyer's messages, so we don't know what the higher-up's decision was. Maybe tomorrow?

I am letting myself be cautiously optimistic again. Our lawyer, who isn't exactly an optimist and who works solely on DCFS matters, feels that it's incredibly unlikely a court petition would be filed against us even if we're indicated (which would almost have to happen if Dr. K is the expert for our case). He doesn't believe a state's attorney would accept the case. The fact that they didn't take the protective custody case to a judge over 6 weeks ago, that 60 days have gone by without DCFS action and no changes with Landon, that our Safety Plan actually expired 2 weeks ago* and DCFS has made no effort to renew it, and that we were allowed to leave the state without any proof whatsoever that we went to Texas or stayed with my parents when we were there, all add up to make it very difficult for anyone to argue that Landon is in imminent danger and must be protected by the state.

I wonder if our investigator's goal all along was to let the 60 days just expire. I'm really hoping we're not worth the effort of getting an extension (although I'm not sure how much effort it takes)- according to Rule 300.110 it doesn't seem like our case would qualify for one, but the rules haven't appeared to matter a whole lot. At least by trying to get our expert approved over their own contracted doctor it looks like she's trying to avoid indicating (and her supervisor is letting her try not to)- it would have been easy enough under Dr. K's opinion. So our worst case scenario keeps looking a little less awful. We'd have to appeal, we'd have to deal with some monitoring and maybe a parenting class, but the thought of them taking Landon away again no longer keeps me up at night (although the memory of them doing so still does). Hopefully we'll hear something tomorrow.

* The last Safety Plan we signed expired on Oct. 16th. I thought maybe they let the lapse occur while we were away for Thanksgiving, but we've been back for a week and no one's mentioned it. We still have someone staying with us out of an abundance of caution- as long as we've gone through this much hassle for this long, we might as well be covered through the 60 days. But after that we're done. No more Safety Plans. We're going to be ALONE in our apartment for the first time in two months. JP and I are greatly looking forward to it.

10 comments:

  1. Every time I see a new post I think that it has finally come to an end. And then it is just more waiting and stupidity for you to endure.

    I'm so angry I'm going to go spit now...

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  2. p.s. My word verification just came up with letters that spelled out "Gin You Beckon." Maybe you should heed the call...

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  3. Hoping December 4th finds them with another "whoops" -- they haven't bothered to do anything, now it's too late and they have to go away and leave you alone!

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  4. December 4th just cannot come soon enough... Hang in there- just a little bit longer now!!

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  5. Del in Alabama11/30/07, 6:36 AM

    Besides wondering about Dr. K's agenda, I've been wondering if your case isn't providing a playing field for some battle that's going on between members of DFCS, perhaps the investigator and her supervisor.

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  6. I am hoping so hard that nothing at all happens before Tuesday. If you get to December 4th and nothing else happens with the case, does the whole thing get dropped entirely?

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  7. Things are looking good, considering--as we all now know--DCFS doesn't work on Saturdays, Sundays, Mondays, and sometimes Tuesday. Good thing they're out there vigilantly protecting the youth of Illinois (**sarcasm**).

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  8. I'm praying for Tuesday for you.

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  9. I get so angry for you every time I read one of your posts. It seems like there should be consequences for someone for turning your lives into such a nightmare. Have you ever thought about contacting one of your elected representatives and seeing if they'll intervene? I don't know how often that works, but every once in a while it makes a difference.

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  10. LOL at Anonymous 10:09. Hope the next few days of waiting aren't too horrible and that you guys are alone, safe and free of this very soon.

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