IN THE DISTRICT COURT OF PAWNEE COUNTY
STATE OF OKLAHOMA
John
Schoonover
]
]
Petitioner
]
]
In the matter of Elan Lee
Vs.
]
Montgomery
Schoonover
]
JD - 06 - 34
Pawnee County, State of Oklahoma ]
]
FILED JULY 31,
2007
Respondent
]
MOTION TO
RETURN ELAN TO NATURAL HOME
WITH
BIOLOGIC FATHER
“Evidence doesn’t lie. People lie. Evidence does not
lie”
Sergeant Tony Mullen, Memphis homicide
detective.
1.
Whereas not
a fragment of evidence has been presented to controvert the fact
that Elan Schoonover has received nothing but excellent loving
care from his biological father at any time since his birth the
Petitioner/Father, John Schoonover, moves this court to set aside
the prejudicial decision based on misinformation from Pawnee
County DHS to declare Elan Schoonover “a deprived child” and order
Elan Schoonover to be returned to the care and custody of his
natural father, septuagenarian John
Schoonover.
2.
The
allegation of November 15th, 2006, being that Elan
Schoonover’s natural father, John Schoonover, left Elan Schoonover
unattended for approximately 20 seconds while going into the
adjacent room for Elan Schoonover’s final meal [bottle] of the
evening during which time Elan exhibited unanticipated energy
heretofore unperformed by rolling over and off the bed onto the
floor resulting in a slight insignificant ‘hurt’ to his right
arm.
3.
This ‘hurt’
was so insignificant Elan stopped crying when picked up; took his
bottle and went to sleep before finishing it, rolling over twice
during the night without waking. This ‘hurt’ was not
apparent when Elan woke the morning of the 15th and
Elan’s diaper was changed without breaking his normal large
grin. Only when Elan
was picked up the 15th and his arm examined did he
exhibit slight pain that precipitated John Schoonover’s decision
to take his son to the Cleveland hospital as a
precaution.
1
4.
DHS does not
report this critical truth in their “Reasons for OKDHS
Involvement,” “Elan cried when he tried to lift the arm, but did
not take him to the hospital until the next day.” This is a blatant lie of
Goliath, not what John Schoonover stated. It was clearly
stated [and recorded by deputy Steve
Melton] that Elan stopped crying
when John picked him up, went to sleep before finishing his bottle
and slept through the night rolling over twice and did not exhibit
distress until after
John changed his diaper when he woke the next morning and after John picked him
up…November 15th, and then, only
momentarily.
5.
The
Cleveland hospital x-rays were inconclusive and although the
written report that a fall could not be ruled out as the cause of
the minor ‘hurt’ Mikah McCray of the Pawnee D.H.S. stepped in with
the accompaniment of two armed guards and took, without written
consent, custody of Elan Schoonover and transported him to the OSU
Medical Center in Tulsa for further evaluation. Dr. Ward may have
“requested that Elan be transported by ambulance to OSU Medical
Center” but the evidence is that Mikah McCray took John’s car-seat
to take Elan in her own vehicle as the written report of the OSU
admissions attendants are that Elan was carried in “Alert And
Smiling” and “Calm and Playful” and that that is contrary to the
demeanor of one having suffered a “broken arm.” “Evidence does not
lie.”
6.
The original
records of the OSU Medical Center, based on the information given
them by Mikah McCray, showing Elan as having no next of kin,
particularly “No father” were suppressed and secreted until
February 27 of 2007 when Elan’s father, the petitioner, seeking the truth,
presented proof to OSU in the form of a Birth Certificate dated
June 4 and issued by the State June 12 of 2006. This proof enabled the
Petitioner to obtain the original records
showing Elan Schoonover did not suffer the fracture(s)
alleged by Mikah McCray.
Mikah McCray maliciously declared to OSU that Elan was the
victim of child abuse.
Elan was discharged at 1645 hours to be taken “home via
DHS.”
7.
It must be
noted that Elan Schoonover was transported by Mikah McCray from
the Cleveland hospital to OSU in
the same car-seat that the Petitioner transported Elan to the
Cleveland hospital. Also that Elan’s arm was
not bandaged. It must
further be noted that when Elan was discharged to be returned home
from the OSU Medical Center that his arm was not placed in a cast
or bandaged with splints as OSU had determined that he had not
suffered any fracture.
The OSU records do state: “Leave sling/Ace bandage in place
until follow-up.”
2
8.
It must also
be noted that when Mikah McCray took Elan Schoonover to the
Justice Center for Dr. Debbie Lowen
to examine November 21st, 2006, that, according to the
sworn testimony of Dr. Lowen May 21st, 2007, she could not check
Elan Schoonover’s arm for bruising as his arm was bandaged with
splints! Dr. Debbie Lowen also
testified that despite the splints/bandages Elan rolled over
several times on his own without difficulty and was, in her words,
“Playful and happy.”
9.
It must also
be noted that Debbie Lowen testified to Mikah McCray supplying
false information concerning “serious prior history of child abuse
in the family.” This,
when there is no evidence of there having ever been any child
abuse, compounded with the ‘Hollywood’ bandaging, sets the stage
for an extremely prejudicial opinion by Dr. Lowen; especially in
light of the fact that Dr. Lowen neither sought conformation or
showed any interest in interviewing the Petitioner but accepted
Mikah McCray’s unfounded false allegations at face value.
10.
An
“Individual Service Plan” has been drawn up by DHS’ Mikah McCray
based on her false allegations that certain “tasks” need to be
performed by the Petitioner, John Schoonover. Among these “tasks” are
“Child Parenting Classes,” “Anger Management Class,”
“Psychological Evaluation,” and a “Complete Physical.” These
required tasks are “To comply with the Statutes of Title 10 to
‘correct’ the conditions which caused the child to be
adjudicated a ward of the State.”
Only by the
wildest stretch of the imagination does any of these ‘tasks’ have
anything to do with an accidental fall and that is the “Child
Parenting Class” that would teach not to leave an infant
unattended to roll off a bed. A lesson 1, learned
instantly, and 2, moot now as Elan, though neglected mentally
while in DHS custody, has grown physically to the capability of
climbing on/off the bed on his own, and should be in training
pants not diapers, and would not be left alone while a bottle was
warmed but follow his father and climb into his own high-chair for
solid meals.
“Anger”
[management] is not now nor has it ever been an issue. Nonetheless John
Schoonover has never refused to attend this course…again,
available through the Department of Veterans Affairs who have
significant experience in this field with war veterans from
Korea to the Gulf.
“Forensic
Psychological Evaluation” is also not now nor has it ever been an
issue.
3
There is no
evidence of instability.
However, the
Petitioner applied in good faith for same within facilities of the
Department Of Veteran’s Affairs as a Service Connected Disabled
Veteran and The Pawnee DHS was not satisfied with this superior
facility and, according to Dr. Twana Diep, John Schoonover’s
cardiologist, Donna Pace of DHS told him “This was a criminal
matter” to negate any involvement by the Department of Veteran’s
Affairs and that DHS would not approve of any DVA evaluation. DHS motives must be
questioned.
It is the
responsibility of the State, under Title 10, to provide the
services DHS requires an accused to be a participant in. In the instant matter
“The
state has not provided to the family of the child, consistent with
the time period in the state case plan, such services as the state
deems necessary for the safe return of the child to the child's
home.” The quote is
from the reversal of a contemporary case in Rogers
County, Judge
Dynda Post presiding.
This Petitioner does not refuse but agrees to submit to the
“requirements” of attending the aforementioned ‘classes’ that are provided by the
Pawnee DHS. The Petitioner cannot
be compelled to supply exorbitant funds beyond his financial
capabilities to finance private facilities selected by the Pawnee
DHS where there is the potential for kickbacks. Funds that would better be
spent on Elan.
Placing such monetary burdens on the Petitioner of limited
fixed income for reunification with his only son when the programs
required should be provided by DHS and in lieu of that are
available to the Petitioner as a Service Connected Disabled
Veteran free from the DVA, a DHS rejected but far superior medical
facility than those DHS dictates is a violation of 14th
Amendment rights of equal protection and does not fall very short
from extortion.
Black’s Dictionary defines it as
Blackmail.
“The United States Supreme Court has held the relationship
between a parent and {his} child is constitutionally protected.
Quilloin
v. Walcott, 434 U.S. 246, 255, 98
S.Ct. 549, 554, 54 L.Ed.2d 511 (1978). Likewise, in Nelson
v. Nelson, 1998 OK 10, 954 P.2d 1219, 1226,
the Oklahoma Supreme Court stated: "Unquestionably, the
relationship of a parent to {his} child is a constitutionally
protected right." A parent has a basic fundamental right, which is
protected by the United States and Oklahoma Constitutions, to the
companionship, care,
custody and management of his/her child.
Leake v. Grissom, 1980 OK 114,
614 P.2d 1107,
1109-10.
4
“A fundamental and constitutionally protected right cannot
be infringed upon, absent a compelling state interest such as
protecting a child from harm. See, e.g., In
the Matter of Sherol A.S., 1978 OK 103,
581 P.2d 884, 888;
see generally, In
re Herbst, 1998 OK 100,
971 P.2d 395.
“Absent a compelling state
interest
such as protecting a child from
harm!”
There
has never been any valid evidence shown to indicate that the
Petitioner’s only son has ever been at any risk of any kind of
harm from his father. Not until after the Pawnee
DHS took custody of Elan has John’s only son even suffered any
bruising of any kind whatsoever.
A one time insignificant isolated minor accident does not
in any way, shape, or manner, justify the adjudication of
“Deprived Child” when any/all evidence shows Elan Lee Montgomery
Schoonover received nothing but excellent care from his father in
all respects. This
incident is not unlike, except for lack of seriousness, than the
accidental burns requiring weeks of treatment to the minor child
Hudson Hendrick, son of DHS Director Howard Hendrick, who has yet
to recover from his burns July 4th. Director Howard Hendrick
knew there
were injuries as they were quite visible yet he
“delayed a day” with the knowledge his son was
injured and in pain…and we all know that a burn
requires immediate as possible attention to arrest expansion of
necrosis.
It is not suggested that Director Howard Hendrick committed
any crime or improper action. That is for the Courts to
decide. However, it
is suggested that a child could interpret the equal
application/protection of the law under our 14th
amendment clearly, as: “What is good for the goose is good for the
gander,” lest
prejudice and favouritism prevail.
It is painful for this Petitioner to remind this Court of
five photographs taken of Elan during supervised visits showing
fresh unexplained marks and bruising while in the care and custody
of the Pawnee County DHS that has not been demonstrated to be
inconsistent with child abuse. It cannot be denied that
Child Abuse does exist within DHS, viz the late 3-year old Joshua
Minton.
“Progress
summary: “Elan
Schoonover is doing well and is developmentally on target. John Schoonover has not
initiated any services on his ISP.” Far from the truth as John
Schoonover has tried to obtain two of the “services” through the
DVA…and Donna Pace disapproved. Donna Pace is truthful
about the single hospitalization she knew about concerning the
Quadruple by-pass but unaware of the re-admission for internal
infection/collapsing left lung, etc.
5
Donna Pace reiterates, “He (Elan) is doing well in his
current placement. He is always happy.”
“Evidence doesn’t lie. People lie. Evidence does not
lie.” Sergeant Tony
Mullen, a Memphis homicide Detective on
A&E TV.
Attached are photographs as evidence that shows the
truth. It does not
take a genius to compare the “before” DHS intervention and “after”
DHS intervention photographs
to see what has happened to John Schoonover’s only
son. The facial
expressions, discolorations under the eyes and unexplained marks
and bruises…some consistent with striking with a ruler or
switch…is incontrovertible evidence that does not lie.
How many marks/bruises are hidden by Elan’s clothes that
couldn’t be photographed?
Donna Pace neglects to mention that when DHS took Elan he
could articulate “Daddy” …but now cannot articulate even that
simple word.
This Petitioner italicized the word “companionship” in
Nelson v. Nelson.
The photographs on the Petitioner’s website do not
lie. There was an
undeniable happy bond between the Petitioner and his only son
before the unwarranted home wrecking intervention of the Pawnee
DHS.
There can never be the bond between Elan and any stranger
that exists, though temporarily severely damaged by DHS, between
this Petitioner/ Father and his only son. This Petitioner, having
been licensed as a Foster Parent in Idaho over
a ten year period, has experience raising others’ children
negating any allegation of necessity of “Child Parenting.” Elan was a planned
child. A planned heir
to what only his father has to offer. Elan has a God given right
to be with his loving father and reap the benefits of the wisdom
of his septuagenarian father.
The DHS, not
the father who has been stripped of the love and affection of his
only son for the slightest (if any) reason, is the party with
blood on their hands, and now, due to years of if not improper
service they punish this dedicated father who has shown this court
by fact and evidence that the minor child here at issue has been
completely loved and cared for the entire time he was with his
father and had regular medical appointments and checkups
throughout the time he spent with his father and at none of these
verified medical appointments has there been any sign of the
allegations brought before this honorable court.
6
There has
been only a showing of a healthy and loved child. On the other hand there is
evidence presented by photographs that the minor child has not
been so well taken care of and certainly not loved while in the
hands of DHS.
It is
understandable that DHS should now close the barn door after the
horses are out. After
children like Kelsey Briggs have died following improper
attention, after ‘red flags’ waved everywhere and after obviously
inflicted abusive injuries and deaths have occurred even in day
care centers regulated by DHS. It is clear they are under
siege and under a microscope for their misdeeds and that
throughout our state individuals and newspapers have called for
revamping and reorganizing of this failed organization. To punish an innocent
father to regain face is not a solution through the numerous
faults of DHS and this is what is happening
here.
If more
attention would be paid where multiple ‘red flags’ wave , where a
child is repeatedly in and out of hospitals with clear signs of abuse,
and finally dies of abuse while in two leg casts, where a day care
center with numerous reported violations is allowed to remain open
until, while serving a notice a child is discovered dead. Instead, DHS time should
be less spent on a case such as this, where an entire medical
history supports the fathers claim, and perhaps we could find a
true way to revamp DHS and better use DHS time and agents such as
Mikah McCray’s time could be better spent.
Donna Pace,
in her report, sites the father’s refusal to submit to an
examination by professionals of Mikah McCray and her choosing, and
at his expense, in order to have his child returned. Aside from being a false
statement, this is, first a violation of equal protection under
the 14th amendment of our U.S. Constitution. Secondly, it is clear that
the large amount of money demanded should be better used to invest
in Elan’s future.
Mr.
Schoonover has offered a clear alternative and a fair alternative.
As a service connected disabled veteran he has medical paid for at
our VA hospitals.
Certainly these are good enough for our soldiers and must
be good enough for DHS. It has been said that this is a “criminal
matter” and VA professionals are not adequate. However when the life of
Lieutenant Calley and Captain Medina were in jeopardy the VA was
fine.
This must
clearly be discarded as a will-o’-the-wisp hurtle to reuniting a
child with his natural father, with his family, as all
studies have shown to be the “best thing” for a child to be with
their natural loving parent.
7
“OKDHS
recommendations: …Reunification is the
goal.” This could
have and should have been accomplished with Elan’s discharge
instructions from OSU Medical Center to return to home the
afternoon of November 15, 2006 instead of DHS’ Mikah McCray
initiating the further impediment to Justice of the filing of
CF-2006-167 when there is absolutely no evidence to support her
wild and vicious accusation to justify her inappropriate actions
the morning of November 15, 2006. “Hypocrisy” is not a word
elucidated in Black’s Law Dictionary.
“Progress summary: …If no
services have been initiated within the next 90 days, a petition
to terminate parental rights may be requested for John
Schoonover.” Let this
serve notice that if this honorable court truly believes the
aforementioned “services” are a requisite in the best interest of
John Schoonover’s only God-given son, Elan Lee Montgomery
Schoonover, this petitioner requests of this court to order DHS
to provide these services as is their purpose and name,
“Department of Human Services.” It must be noted here that
Director Howard Hendrick is not required to undergo at his own
expense mandated programs to “Prevent” the accident from being
repeated.
“[T]he right of a parent to
the care, custody, companionship and management of his or her
child is a fundamental right protected by the Federal and State
Constitutions.” “This court will apply
the tests of strict judicial scrutiny to a state law which
interferes with the exercise of fundamental rights and liberties
explicitly or implicitly protected by the Constitution.” (see aforementioned Okla.
S.Ct. citations pgs. 4 & 5)
This “Law of
The Land” is being applied to Howard and Hudson Hendrick.
Why not John and Elan Schoonover?
To perpetuate Mikah McCray’s initiated artificial unnatural
wedge between this Father/Son would be criminal and unnatural as
well as in violation of both our State and Federal
Constitutions…and the Laws of God.
It is therefore prayed of this Court to uphold these
foundations and re-instate the normal relationship/co-existence of
Elan Lee Montgomery Schoonover with his Natural Father,
Septuagenarian John Edward Schoonover, to the peace and harmony of
their household that existed before the overzealous Pawnee County
DHS’ intervention of immoral home wrecking destruction by Mikah
McCray that is “The worst thing for children” as reported by
Lesley Stahl on CBS 60 Minutes July 8th of 2007.
It is so prayed.
8
Respectfully submitted,
Signed
John Schoonover
