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And to add !
How much more taxpayers money need to be spent on these people?
Welfare/Bridge card/Medicaid/ and now a trial?
Save the money and get them fixed like you would dogs ! |
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Wed Jun 28, 2006 10:50 am |
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Adam
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So what are you guys saying we should do about this? Neuter bad parents and pay for their children to live in foster homes? Obviously this case was a worst case scenario but we could potentially have hundreds if not 1000's of cases like this in Flint alone. Obviously we know in this case parenting classes did not work.
Has anyone seen super nanny? Sometimes even well educated parents are lacking in parenting skills. If you take poor parenting skills to the extreme you can have a dead child. |
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Wed Jun 28, 2006 3:17 pm |
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Karen
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Remember no crying just tell them goodbye.
From Karen
http://enewsblog.com/terryraybankert/post/2006-06-28_20:31:12/
Re: 06/27/06 Contested pretrial of the parents of Rose Kelly
No Terry this didn't mean the parents would never be alone with their
children again.
It meant after the courts proceeding and the DHS system rips these
parents apart in every which way emotionally and financially that can
be done.
Then if you want Michelle, Jeffery and Mr. Mitchell you can say
goodbye to your children for the very last time.
Remember no crying just tell them goodbye. DHS wants to make sure the
children had closer.
This to me is the biggest ripping of any child heart I can imagine,
not realizing that this is the last time you'll ever, be seeing your
parents, lest lone your grandparents have already been taken out of
your life forever. How many of us wouldn't be the kind of person we
are today if it hadn't been for these old folks in our lives today?
Gee! I just wonder how many children out of 100 when taken away from
their parents and put in a stranger home after the police came in your
home and took you away from your parents, would not be crying when
they finally got to see their parents again? Especially the baby.
All for now,
Karon
http://health.groups.yahoo.com/group/child_neglect_abuse/message/1530?l=1 |
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Wed Jun 28, 2006 7:45 pm |
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Cardoza
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Amicus Community :Legal proceeding of the parents of the deceased child Rose Kelley
By Tery Bankert 06/29/06
http://attorneybankert.com/
see generally MFL sec 22 Michigan Family Law 6th Edition an ICLE publication
Overview of child protection proceedigns in Michigan USA
The Flint MI USA Family Court abuse/neglect Child Protection proceedings (CPS) of Michelle L. Bowen and Jeffrey C. Kelley are based upon the Child Protection Law (CPL) MCL 722.621 and the Juvenile code MCL 712 A.1. This law creates a process for reporting cases of suspected abuse and neglect, investigating those reports and responding with action to protect children.
See: http://courts.michigan.gov/mji/resources/cppbook/cppbench.htm
Any citizen can start a CPS neglect or abuse case. Usually a CPS case begins when Child Protection Services (CPS) filing a petition with the court.
CPS must do an investigation and make a findings. Depending on that finding it must chose how to proceed in a manner to protect a child. If the case is not closed a petition may be filed asking the court to take jurisdiction over the children.
If the petition is filed the court must determine if there is enough evidence to bring the child within the courts jurisdiction or control. MCL 712A.2(b) of the Juvenile Code. There must be child abuse, neglect, emotional abuse or neglect, medical neglect or educational neglect to name a few reasons.
The court must determine that there is a preponderance of the evidence allowing it to take jurisdiction under section 2(b) of the law. The court takes temporary or permanent custody of the child.
An initial petition may seek the termination of parental rights at the initial dispositional hearing. Although the majority of petitions often look only to temporary custody of the child by the state the CPL now requires that in certain circumstances the Department of Human services seeks the termination of parental rights at the initial dispositional hearing. These children have been the targets of extreme actions of abuse or neglect. ( torture, criminal sexual conduct involving penetration) or situations in which the court has previously terminated the parents rights in another child or subsequent child is a t risk..
In the average case the court will give itself temporary jurisdiction over the child. There must be established a treatment plan intended to assist parents in regaining custody of the child. If the child is placed in the family home, the court must review the case every six months. When the child has been taken from the parents home and getting family back together is the goal there must be a hearing every 91 days.
When children are placed in foster care there must be ordered a permanency planning hearing (PHH) one year after the original petition is filed and once a year after that so long as the child is a temporary ward of the court.
At the PHH hearing it must be determined whether the state has done its job to complete the permanency plan.
The court has five basic options.
1.return the child to parental care.
2.direct that a petition to terminate parental rights be filed.
3.place the child in legal guardianship(under Michigan law guardianship is never in fact permanent.)
4. Place the child permanently with a relative who is willing to care for the child ( with a continuing warship)
5.order some other unspecific permanent solution.
If the facts show a child cannot be returned to parents for their own safety the court will generally be forced to consider terminating parental rights. There is authority to terminate if one of the statutory basis is established by clear and convincing evidence. If a basis for termination is established, the court must terminate parental rights unless it finds that termination is clearly not in the children best interest.
The determination regarding best interest may be only be made based on the whole record of the case.
If the court terminates parental rights it shall review the case every 91 days.
An order removing the child from the parental home, placing the child under the courts temporary jurisdiction or terminating parental rights may be appealed to the Michigan Court of Appeals by right. All other Appeals are by leave. Issues concerned with the assertion of temporary jurisdiction must be appealed directly and may not be raised after a subsequent termination of parental rights because the court has determined this to be a collateral attack.
Next 22.2 Family Court Practice concerning juvenile matters |
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Wed Jun 28, 2006 10:12 pm |
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Kathy
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From Kathy
Flintcitizen · Flint Citizen Internet Advocacy.
http://groups.yahoo.com/group/Flintcitizen/message/406
How very sad. It seems the family hasn't even had time to mourn.
It seems to me, by your description of the parents actions that there may be
a lot of blaming going on.
Will the other children go into the system?
***
BANKERT RESPONSE: Yes the system will remove the children to protect them,
possibly to different foster homes because of the racial mix of the children.
Neglect or abuse to one child is imputed to all children. As to placement I did
not hear any attorneys , particularly the childrens attorney asking for
grandparent placement. They seemed like nice people. Essentially the children
are captives of the prosecution.
***
I do not believe in children's cases like this that other children in the
household can be made to testify or participate. I also think they should be
allowed to be with another family member through this ,if not the parents.
***
BANKERT RESPONSE I agree. The safest route for the worker to guarantee child
safety is to place the children in foster care. They will say they need time for
a family member home study. But they have made their mind up to separate forever
the children from their parents, grandparents, cousins, aunts, uncles , family
friends neighbors school mates and pastors.
***
Moving the children, for there safety I can understand, although I blame the
system for no follow through, advertently causing this also. The other siblings
should not be subjected to the politics of this whole thing.
I wonder how many troubled teens who do not have faith in the system/
police/courts has had an issue like this as a child and a bad experience with
them.
Kathy |
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Thu Jun 29, 2006 1:36 pm |
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Bottom line !
The same people you want to place these children with KNEW of the horrible conditions of the house.
Sane people don't allow loved ones to live in that squalor. Sane people don't think it is appropriate to have dog shit piled up in your house. Sane people don't allow grandbabies, cousins, or any person to be so infested with lice that their hair is still moving once they have past on. I think you get my drift Kathy !
These so-called loved ones knew how these children were living and did NOTHING to prevent it.
An ounce of prevention is worth a pound of cure !
These kids only hope for survival is to find a family that CARES and move on !
They can still be saved !
Flintteach |
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Fri Jun 30, 2006 7:09 am |
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terrybankert
F L I N T O I D
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Posted by Terry Bankert
http://attorneybankert.com/
http://enewsblog.com/terryraybankert/post/2006-07-11_16:10:03/
Medical examiner rules Rose Kelley’s death a homicide
By Ron Fonger
rfonger@flintjournal.com • 810.766.6317http://www.mlive.com/newslogs/fljournal/index.ssf?
/mtlogs/mlive_flintjournalextra/archives/2006_07.html#159969
[Comment By Terry Bankert as -trb]
Flint • Five-year-old Rose Kelley was a victim of homicide, dying
from liver disease that was compounded by neglect, the Oakland County medical
examiner said today.
Dr. Ljubisa J. Dragovic made the determination the same day Rose’s parents were
scheduled to appear
in Genesee County Probate
Court on a hearing to terminate their parental rights.
Rose died June 3 in a flea- and lice-infested N. Franklin Avenue home following
an untreated illness.
Sick for five days, she was never
taken to a doctor.
[Today there was a pretrial hearing in front of Genesee County Judge Weiss.
The autopsy report was
not provided to the court.
A report of the childrens bonding with the parents was discussed.
Two were complete showing the children are bonded with their parents.
The third to be completed. The pre trial was adjourned two weeks.-trb]
Police have said Rose’s mother, Michelle L. Bowen, feared her children would
be taken from her if a
doctor saw Rose’s condition, which included severe head lice and possible malnourishment.
Dragovic would not discuss his findings in detail, saying he did not want to
interfere in any criminal
case being developed by Genesee County Prosecutor David Leyton.
The Flint Journal could not immediately reach attorneys for
Bowen, or her fiancé, Jeffery C. Kelley, Rose’s father.
Dragovic described the cause of death as acute hepatic necrosis, which he called
uncommon in children.
He described it as "a very rapid rotting
of the liver."
The medical examiner said a contributory cause of death was child
neglect and ruled the manner of death was homicide.
Leyton confirmed the medical examiner’s finding today, but said he
had not received the complete report yet.
He said he would review the report before deciding whether to charge anyone
with a crime.
Caseworkers for the state Department of Human Services and Flint police have s
aid Rose had been dead for about five hours when they saw her,
and she was severely infested with lice.
Cockroaches and flies were thick in the home, which was strewn with garbage,
and moldy dog feces were found throughout the basement.
Officials have said Rose's body appeared malnourished, and her bones were easily visible
through her skin.
Posted by Terry Bankert
http://attorneybankert.com/ |
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Tue Jul 11, 2006 3:14 pm |
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Now, do the "parents" deserve due process?
Absolutely disgusting !
How can the courts allow the other children (or even consider) allowing them to live with those two so-called parents!
I'm sure more truths will come out in the hearing !
Flintteach |
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Wed Jul 12, 2006 8:35 am |
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rapunzel
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Rose was loved by many
FLINT JOURNAL LETTER TO THE EDITOR
FLINT
THE FLINT JOURNAL FIRST EDITION
Thursday, July 13, 2006
JOURNAL READER
QUICK TAKE
"How can someone be tried and convicted without formal charges?"
- Richard Bowen
Flint
***
In the past month, I have seen an outpouring of both love and hate. The death of a child at any time is an unspeakable thing, but when it was totally avoidable, it is a million times worse. I should have and could have spoken up, but did not. I had firsthand knowledge of the condition that Rose Bowen-Kelley lived under. I will have to live with my lack of actions for the rest of my days.
However, I also know there was - and is - no one who loved her more than her parents and family. She was a loving child and a loved, beautiful little girl. Her smile could brighten the darkest night. Her hugs could melt the coldest hearts.
I have seen things this month I cannot believe or understand. How can someone be tried and convicted without formal charges? How can a loyal, five-year employee be fired without formal charges? How can a landlord evict and then empty out the house of someone without formal charges within two weeks? How can an ongoing investigation be spread all over the news when no formal charges are filed? How can neighbors who do not know diddly wish death on grieving parents who do not face formal charges?
How, you may ask, can I say and ask these things? I'm Rose's grandpa!
Richard Bowen
Flint |
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Fri Jul 14, 2006 12:04 am |
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Flint Granny
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http://tinyurl.com/zr7op
This is a URL for a child-help site that may get something done when your local agencies are too lazy, too burdened, or too incompetent. I can't vouch for their efficacy, but they promise that they 'care'. Someone could have/should have stepped in before Rose's death, so all we can hope for now, is that her siblings can be saved. I don't have a pet; I can afford to feed one, but I can't clear the way for the necessary vet bills, and Lord help me if there were an emergency with a pet. If I had children I was struggling to feed, pets would be totally out of the question. Who groomed this couple for parenthood? |
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Sun Jul 16, 2006 6:08 pm |
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Guest
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| The Democrats groomed these people to be parents. Hillary Rodham-Clinton ! |
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Sun Jul 16, 2006 11:46 pm |
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plato
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Trial set over care of Rose's siblings
By Paul Janczewski
pjanczewski@flintjournal.com • 810.766.6333
http://www.mlive.com/newslogs/fljournal/index.ssf?/mtlogs/mlive_flintjournalextra/archives/2006_07.html#165087
[Comments by Terry Bankert -trb]
A trial is scheduled for Oct. 25 to determine if the court will take jurisdiction of three surviving siblings of a young girl who police said died in squalor in her Flint home.
The trial, before Genesee Probate Judge Robert E. Weiss, will include expert witnesses for prosecutors and defense attorneys to try to determine if Rose Kelley died because of neglect.
[Our child neglect system can be measured by how it works in this case. The media and community have condemned these parents. But the inevitable result will be that several other children will never see there parents again after these proceeding are over.-trb]
Dr. Ljubisa J. Dragovic, the Oakland County medical examiner, earlier ruled that 5-year-old Rose Kelley’s death was a homicide. He said the child died from a liver disease compounded by neglect.
Weiss said he expects the trial to last about two weeks.
Assistant Genesee County Prosecutor Marcie M. Mabry and attorneys — representing Michelle Bowen, the mother of all four children; the father of Bowen’s oldest child; the father of her three youngest children, including Rose; and the surviving children — will meet Sept. 19 at a pretrial to make sure that all records, reports and other documents have been exchanged.
Weiss also ordered the parents to have no contact with the surviving children.
[What justice is served here? What is in the minds of the other children? Give me a break The actors in the system have prejudged and determined to protect their witnesses by no further parental contact. The judge had no choice, the DHS supervisors made the safest decision for them selves not for the children.-trb]
Michelle Bowen, 31, and Jeffrey C. Kelley, 30, appeared in court with their attorneys but had no comment on the rulings.
Besides Rose, they are also parents to a boy, 6, and a girl, 2.
Jeffrey Mitchell, who fathered a girl, 10, with Bowen, was not in court.
A report from an official from the state Department of Human Services indicated those children would be better off without any further contact with the parents, Mabry said.
[Lets see the report. How can ,on Gods green earth, it be in the hurt confused children interest that they not see parents which may be the only people on the planet that can console them. The prosecutor and DHS workers are playing to the media.-trb]
http://attorneybankert.com/ |
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Wed Jul 26, 2006 5:55 am |
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flintteach9
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Lets see the report. How can ,on Gods green earth, it be in the hurt confused children interest that they not see parents which may be the only people on the planet that can console them. The prosecutor and DHS workers are playing to the media.-trb]
How in your right mind and as an advocate for child welfare believe the best interest for the 'living' siblings would be to remain in contact with their 'parents'?
I wouldn't let our dog Cooper live in the conditions those children did ! I wouldn't let my son's hermit crab live in those conditions !
How on God's green Earth could the courts and DHS allow those children see their parents? Apparently the parenting classes mandated by the system didn't work the first time.
Mr. Kelly's attorney said, " My client is distraught he can't see his children." Where was Mr. Kelly's concern when his children were living in squallor? Where was Mr. Kelly's concern when his 5 year-old was dying before his eyes? Where was Mr. Kelly's when the lice and roaches were crawling through the house?
Why didn't Mr. Kelly DEMAND his girlfriend to take the child to the emergency room regardless of their fears?
Why didn't Mr. Kelly have a JOB? He wasn't fullfilling his duties as "Mr. MOM" while his girlfriend worked at Chuck E. Cheese !
Lastly, why did Mr. Kelly and Ms. Bowen CONTINUE to have children when they couldn't take care of the ones they already had?
I'll tell you why... FIA ! Their MEAL TICKET !
Disgusting !
Flintteach |
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Thu Jul 27, 2006 8:58 am |
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terrybanket
Guest
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quote:
flintteach9 schreef:
Lets see the report. How can ,on Gods green earth, it be in the hurt confused children interest that they not see parents which may be the only people on the planet that can console them. The prosecutor and DHS workers are playing to the media.-trb]
How in your right mind and as an advocate for child welfare believe the best interest for the 'living' siblings would be to remain in contact with their 'parents'?
I wouldn't let our dog Cooper live in the conditions those children did ! I wouldn't let my son's hermit crab live in those conditions !
How on God's green Earth could the courts and DHS allow those children see their parents? Apparently the parenting classes mandated by the system didn't work the first time.
Mr. Kelly's attorney said, " My client is distraught he can't see his children." Where was Mr. Kelly's concern when his children were living in squallor? Where was Mr. Kelly's concern when his 5 year-old was dying before his eyes? Where was Mr. Kelly's when the lice and roaches were crawling through the house?
Why didn't Mr. Kelly DEMAND his girlfriend to take the child to the emergency room regardless of their fears?
Why didn't Mr. Kelly have a JOB? He wasn't fullfilling his duties as "Mr. MOM" while his girlfriend worked at Chuck E. Cheese !
Lastly, why did Mr. Kelly and Ms. Bowen CONTINUE to have children when they couldn't take care of the ones they already had?
I'll tell you why... FIA ! Their MEAL TICKET !
Disgusting !
Flintteach
It is a forgone conclusion that the parental rights be terminated. My issue is that very little is being done for these children to ease their fear and not cause long term psychological damage because their sister died, their parents and grandparents are now out of their lives. You are zealously walking down the wrong path. This system for all the discussion of best interest of the child in reality acts in a manner that is the safest course of action for DHS. All the children know is that their sister is gone and they were taken from their parents. I appreciate your position. Let me ask this if a step decrease in parental contact under state control would ease the life pain of the existing children would it not be better. Or do you prefer the zealots personal satisfaction of the parents punishment. |
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Thu Jul 27, 2006 10:53 am |
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flintteach9
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How are the parents being punished?
It is this children who were punished by the parents.
You could whoop and whoop your dog... but your dog will still love you unconditionally.
The Kelly-Bowen children will always love their parents but their best interest is to be removed and call somewhere else home. They can still be saved !
I have a hard time swallowing your premise that these childrens mental well-being will be tarnished for life if they don't get to see their parents and grandparents.
Kids are resilent and bounce back very quickly with the proper care and love (as well as food).
They are still young enough to be molded in to productive citizens and make a contribute with their lives.
I honestly don't see that coming from their grandparents and parents. |
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Sat Jul 29, 2006 12:19 pm |
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