My son, for
the first several visits I brought you a pre-mixed bottle and a
banana that you eagerly took small bites from. The bananas were
among the first of your ‘solid’ foods.
Mikah McCray,
under A. J. Campbell’s dictation, told me I was no longer allowed to
bring you any “snacks” as it interfered with the foster parents’
feeding schedule. That statement in itself shows whose priority
ranks at the top: DHS’ concern for the foster parents; you come
second.
DHS brought
to the visits with you snacks …just for you. I had the misconception
that if you could have ‘snacks’ I could bring them. So July 20 I
brought a banana and a cup of premium ice cream. Donna Pace told me
that her supervisor, A. J. Campbell, had ordered that I not be
allowed to bring you any food items. What Elan needs is provided for
him.”
I asked Donna
Pace that she bring up the fact that by denying me my right to bring
my son food items for our visit is directly contributing to the
alienation between son and his father. That he reconsider his
action. By posting this on the web I am asking again…with the whole
world as an audience.
July
26thIbrought a cup of premium yogurt and a banana. Donna Pace had not talked
with A. J. Campbell stating he was “out of town.” I asked Donna Pace
to approve of the yogurt & banana. I had also brought a teaspoon
cut down and custom formed for a 1-year old child. I felt it was
time I did two things: Taught you how to eat with a spoon…and give
you quality food you did not get in foster care. Donna Pace denied
me that right. She insisted you were ‘used to’ the ‘snacks’ they
provided.
Those
provided snacks were two small sacks containing a generic brand of
“Gummy Bears” and Cheetos puff balls. Good healthy junk
foods.
The labels of
what I brought to treat and teach you with, except for the banana,
which we all know is high in potassium, have the following combined
nutritional [and detrimental] contents:
From
Father,
From DHS,
Not
allowed
Dictated
By Donna
Pace
by Donna Pace
18%protein
6% protein
7%
potassium
0%Potassium
5g sugar
25gsugar
115% vitamin
A
0%
vitamin A
20%
calcium
0%calcium
210 calories,
20 from fat.
300 calories from fat
0%
sodium
17%sodium, 4,800mg
100%:C,D,E,B6,B12,Folic
Acid,
Thiamin,
Pantothanic Acid,
Riboflavin,
75%Niacin
Minimum
protein, no potassium no vitamins no calcium to strengthen
your bones, no vitamin A. I underlined “no calcium” for a specific
purpose I will address later.
DHS is not
only deliberately denying repeated requests of my right to teach and
feed you quality vitamin enriched ‘snacks’ they are raising you on
“Junk Food” and alienating you from interacting with your father’s
natural love. There is nothing special about this man that comes to
meet with you in the DHS jail-cell setting once a week…and you no
longer say the word “daddy” and if you could, you would not know
what it means. Clearly:
“Deliberately
Harming Septuagenarian Dad’s Only God-given
Son”
We are both being punished for no reason at all
Now, how
about,
Equal
Justice Under The Law
As
guaranteed by the 14thAmendment
From THE
OKLAHOMAN, NEWSOK.COM JULY 25, 2007:
The
director of Oklahoma’s child welfare, Howard
Hendrick is under investigation
Because
of burns on his son suffered while on a family trip. Howard Hendrick
is
Cooperating
fully with authorities.
[John
Schoonover cooperated fully]
Director
Howard Hendrick’s son, Hudson, 13, was injured while they
were burning brush by being allowed to throw a lighted match on
gasoline
At
a lake house over the 4thof July. The investigation stems
from the fact that Director Howard Hendrick did not promptly seek
emergency
Medical
treatment when he knew his son was badly burned and needed professional medical
attention.
Anyone
should know that a burn of any consequence needs as Immediate
attention as is possible.
[John
Schoonover had no way of knowing his son was hurt because Elan quit
crying, took his bottle and slept soundly through the night. John
Schoonover took his son for medical attention when Elan indicated he
had a ‘hurt’ after Elan woke the next
morning.]
He’s
doing well, Director Howard Hendrick reported in the July
25tharticle. I think he will fully recover. [The
extent of Howard Hendrick’s son, Hudson, is not known but if it is
serious enough to warrant the statement “I think he will
fully recover” after 20 days, it is serious.] According to the
hospital report when Mikah
McCray took Elan to OSU Medical Center the afternoon
of November15th, Elan was “Happy and alert” not
showing any indication of any injury.
It
will be interesting to learn how the Attorney General, Drew
Edmondson, will rule on this case. If he follows Pawnee County
prosecutor David Robertson’s action DHS will put Director Howard
Hendrick’s son Hudson in foster care and Director Howard Hendrick
will be charged with “Injury to a Minor Child and not taking his
minor child for medical attention when he knew his child was
injured but allowed his minor child to suffer pain until the next
day…” as John Schoonover was charged, the only difference is that
there was no indication Elan was injured.
We
will see if there is equal justice under the law. We will see
if a “Mikah McCray” or “Donna Pace” steps in and demands that
Director Howard Hendrick submit to the expense of “Child Parenting
Classes,” the expense of “Forensic Psychological Evaluation, etc,”
the expense of “Anger Management classes” with the threat that if he
does not submit to this extortion Director Howard Hendrick’s
parental rights will be
terminated and his son Hudson will be profitably adopted
out…which Director Howard Hendrick must approve of as on the same
page in THE OKLAHOMAN as the article about his negligence in
allowing his son Howard to be burned is an article
titled:
“Adoptions
Mark Record”
This
is what a judge lives for. We get to witness the beginning of a
family.
[No
mention of the destruction of one]
DHS
officials have been pushing to speed up adoptions in Oklahoma. A
child is deemed authorized for adoption when all known viable legal
barriers to adoption have been removed.
[The
goal is not reunification but to remove all barriers by
whatever means DHS can conjure. If that is not obvious by the
actions of Mikah McCray and her cohorts in deleting pertinent facts,
conjuring wild accusations, insisting on performing impossible
impediments, putting Hollywood splints on an injury that does not
exist when all that happened was a single insignificant
unanticipatable accident, let us see if there is “Equal Justice
Under The Law” and Director Howard Hendrick is subjected to the same
persecution when there is serious injury as John Schoonover is being
subjected to when the alleged injury was so insignificant the
original OSU diagnosis was that it did not even exist.
Personally,
I do not believe Director Howard Hendrick did anything wrong. Unless
his son’s flesh was falling off his bones from being over cooked…I
suspect the boy’s clothes caught fire and he has several blisters.
There are lotions that can be applied and methods for reducing pain
and pressure can be painlessly removed from blisters. Director
Howard Hendrick probably has the common sense to have the
appropriate medications on hand for the treatment of minor
1stdegree burns if that is all they are. His son probably
had input as to whether to go to a medical facility or wait until
the next day…Elan’s “input” was such that he took his bottle
normally and went to sleep and slept normally through the night.
I
would like “Equal Justice Under The Law.” We will see how/if it is
administered.
Undated
Daily Oklahoman article: 'Investigation concluded, charge of
neglect/deprivation no merit, Howard Hendrick cleared by Drew
Edmondson.' "You just don't get neglect in a case like this." It is
not neglect to give a minor matches to throw on gasoline but it is
neglect/deprivation warranting parent/child bond destruction by DHS
when a child accidentally rolls off a bed!
July
31, 2007
IN THE
DISTRICT COURT OF
PAWNEE
COUNTY
STATE
OF OKLAHOMA
John
Schoonover, individually
]
And as
Father and Next Friend
]
Of Elan
Lee Schoonover,
]
A minor
child
]
Petitioner
]
In the matter of
]
Elan Lee
]
Schoonover
Vs.
] JD
– 06 – 34
]
Pawnee
County, State
of
]
Oklahoma,
Ex Rel. The
]
Department
of Human Services, ]
Mikah
McCray and Donna Pace
]
]
Respondents
]
APPLICATION
FOR INTERLOCUTORY INJUNCTION
Comes now the
Plaintiff, John E. Schoonover, appearing herein Pro Se and acting
individually and as Father and Next Friend of Elan Montgomery
Schoonover, a minor child, and moves this honorable Court to issue
and enter its Injunction, ordering the Respondent as follows, and
for reason and authority to wit:
JURISDICTIONAL STATEMENT
The
petitioner, John E. Schoonover, as well as his natural
born
son
Elan Lee Montgomery Schoonover are residents of the State
of
Oklahoma, County of Pawnee ,and have been for the previous
fourteen
[14] month; and are legal residents of the county within
this
jurisdiction of this District Court.
Therefore
this Court is the Court of original Jurisdiction in the matter here
at bar and sits with authority to hear, judge and issue the
Interlocutory Injunction herein prayed.
The
Petitioner seeks Injunctive relief pursuant to Oklahoma Statutes
Title 12 Sections 1381 & 1382.
1
ARGUMENT
AND AUTHORITY
This
Petitioner comes humbly and respectfully before this honorable Court
and states the following to be true and accurate to the best of his
knowledge and moves this honorable Court to issue its Temporary or
Interlocutory Injunction ordering the Respondent to return the minor
child, his natural son, to his custody pending any further action in
the matter of the minor child, Elan Montgomery Schoonover’s
permanent custody.
As the matter
is brought before this honorable Court not to undo a completed
transaction but to make a temporary status in the best interest of
the parties, the relief herein prayed in both proper and the proper
remedy. May and Tookah Campbell Co.Ind.V. T.G.&YStores,
623 P.2d 1064 (Okla. App.
1981).
Further, it
has been long held that the purpose of a Temporary or interlocutory
Injunction as herein sought is to preserve the situation of the
parties in status quo until a final determination of the controversy
may be had. Its function is not to change the natural order or
position of the parties but to maintain the Natural Order. Wies
v.Renbarger, 670
P.2d 609 (Okla. App. 1983).
In this
instant matter here at bar ,the situation of Natural Order and
genuine status quo is obviously the minor child being with his
Natural Father and family, sans showing of immanent danger. As there
has been no showing of danger beyond any normal household,
child/parent situation this Court should order by Injunction the
placement of the minor child in the custody of this Petitioner, his
Natural Father until any final disposition in any further action may
be determined.
For an
interlocutory or Preliminary/Temporary Injunction to issue, a movant
must meet certain standards and thresholds. Among these
are:
1.The Movant
will likely suffer irreparable harm unless the Injunction
issues.
2.There is
substantial likelihood that the Movant will prevail at final
disposition on merit.
3.Threatened
injury to movant outweighs any harm the proposed Injunction may
cause the opposing party, and
4.The proposed
Injunction will not be contrary to the public
interest.
2
Kiowa Indian
Tribe of Oklahoma v.Hoover, 150 F.3d
1163(10thCircuit. 1998).
It may
further be added that the Injunction should not issue if danger to
any of the parties were to be made by issue.
See also
Video Software Dealers ,Inc. V. Oklahoma City,6 F. Supp
1292;Dorchester Houghton, Ltd. V. Dorchester Master L.P., 925
P.2d 1213 (Okla. App. 1996).
In meeting or
surpassing all the thresholds or requirements for the prayed
Injunction to issue, the Petitioner states:
1.Both John E. Schoonover and Elan Montgomery Schoonover are
in danger of suffering irreparable harm by the present separation
being extended. It has long been known, and held beyond question
that the nurturing love of a parent is a solid, basic foundation for
a child’s mental and psychological health. The continued separation
of the Petitioners without justification only exacerbates a problem
that already is manifesting signs of deteriorating sense of being
loved in the minor child.
Further
continuation of this tactic can cause permanent and irreparable
psychological scars on the minor child, and the days of love and
companionship enjoyed by the father can never be replaced.
2.The
Respondents have yet, after nine [9]months, failed to show cause of
the irresponsible actions on their part. That is to say, they are
unable to present this Court, or any other Court, with any evidence
or specific reason for the continued separation of a father from his
son.
Nothing has
been presented in any forum to support anything other than an
unfortunate, but quite minor unforeseeable isolated
household/childhood accident has occurred.
Beyond
question, if the Respondent can show no more fault with Mr.
Schoonover the disposition will be in his favour.
3
3.The injury
to the psyche of the minor child by placement in a situation where
no love and nurturing exists, as is the case
here, must be seen as far greater than any possible injury to
the Respondent. Indeed, the Respondents have so injured
themselves by consistently poor decisions in the past it
would be hard to imagine any harm the relief herein sought could
cause the Respondent that has not already been done by their past
deeds.
The public
perception of the Respondents as heavy handed, uncaring and
insensitive, replete with failure is far greater than anything this
action could add to.
4.If the
Court would only look to the facts of this matter, see any problem
as to what it was, a normal childhood accident common to most
households in this country, then look at our nation’s problems of
troubled adolescents who become such due to lack of love and
nurturing at an early age as Elan Schoonover is now, the best public
interest will be clear and obvious in granting the relief herein
prayed before more psychological trauma can be piled upon this young
child.
By the test
of our Courts as to whether an Injunction should issue, Mr.
Schoonover has shown beyond question that it must, for the sake of
this child of his, as well as for public interest. Kiowa Indian
Tribe of Oklahoma V. Hoover, supra.
The
Petitioner, in his above, has put upon himself an even greater
threshold or requirement. That is, he has presented this Court with
the proposition that the Injunction should not issue if any danger
to any party could be found if Injunction were to issue. He brings
this idea to the Court, as well as to the Respondent’s attention,
specifically thinking of the minor child, Elan Lee Montgomery
Schoonover.
The
Respondent has failed to show, and is unable to show, any danger the
minor child would encounter by being returned to the custody, care
and love of his father beyond any danger he would encounter in any
other location.
The
Petitioner does show an example of the deliberately detrimentally
inflicted alienation of affection and deprivation physically,
nutritionally, educationally and emotionally in the attached exhibit
published on his website.
4
Indeed, the
pictorial record of Elan Schoonover while a charge of the Respondent
will show he is in more danger now than he ever was or could be with
Mr. Schoonover, his Natural Father. The medical record of the minor
child while he was with his father shows no sign of danger. The
pictorial record shows physical harm that is visible psychological
harm that is both visible and undeniable and invisible psychological
harm that can not be measured that is also undeniable.
CLOSING
Our Courts
have a long history of deciding matters such as the one here at bar
based on the “best interest” of the minor child. Matter of
Jil.578P.2d 349 (1978);Matter of Jeffery S. 663 P.2d 1211
(1992); Muegenbergv. Walling, 836 P.2d 345
(1994).
The
Petitioner, as well as many studies, has demonstrated the welfare
and best interest of Elan Schoonover comes with his custody being
with his father.
The
Respondents have failed to show cause why Elan Schoonover is not
with his father. The reason is simple: There is no cause.
The
Respondent has delayed the process of having held a hearing in the
final disposition of the custody of the minor child here involved.
Wild speculation and libelous statements have been brought by the
Respondents. These and nothing more. By her own statement Ms. McCray
offers only that an accident and possible moment of negligence was
the genesis of this matter here at bar, yet off the record and with
no evidence speaks of some evildoing on the part of Mr. Schoonover
that should keep him from his son.
Ms. Pace, an
employee of D.H.S. says Mr. Schoonover has made no attempt to work
programs she dictated. This is simply not true. Mr. Schoonover has
made every effort within his financial means to work the demanded
programs although there has been, quite frankly, no evidentiary
reason beyond speculation to so order him to do so. From these facts
it would seem one may only have custody of their children if they
are of substantial financial means and if this is so, God help us
all.
The
Respondent, on July9th, 2007, filed a move to continue
the disposition in this matter of custody for ninety (90) days.
Further delay in uniting this father and son will cause more harm
than has already been done.
5
The
Respondent shows only one hypothetically legitimate cause for this
separation: The claim that, “Mr. Schoonover
left the room to get a bottle and when he returned, he found Elan on
his back on the floor. Mr. Schoonover stated that Elan cried when he
tried to lift the arm but”… {as D.H.S.
Director Howard Hendrick reacted when his son Hudson was seriously
burned July 4th2007} … “did not take him
to the hospital until the next day.”
IF this
accusation was true, it could be cause for gross
insensitive negligence warranting a criminal charge. However, a
pertinent fact of truth recorded by Deputy Steve Melton is
deliberately omitted by the Respondents: “Elan stopped crying
when picked up, took his bottle, going to sleep before finishing it
and slept through the night rolling over on his own twice before
waking with his normal grin the next morning. His diaper was changed
without disturbing Elan’s grin and only after being picked up for
his morning bottle exhibited distress when his arm was manipulated…”
the first clue something might be wrong.
{Deliberately omitting this major portion of truth changes the
accusation remaining to a lie.} Quite unlike an obviously serious
burn that can only get worse without immediate attention.
All hospital
records reflect Elan Schoonover was visually “Happy and alert” upon
entry and showing no signs of discomfort before being manipulated
during examination and no physician examining Elan the day after
accident would or could rule out an accident.
The
Respondent has not and can not show legitimate cause for this
continued separation. As the Respondent wishes to delay disposition
then the only reasonable remedy to stop the perpetuation of visible
and invisible harm being done to the minor child and the Petitioner is for
this honorable Court to issue its Injunction ordering the
Respondents to return, at least on a temporary basis, the minor
child to his Natural Father, or in the alternative to order an oral
hearing/argument be held in this matter that this Court may be
completely informed.
All premises
considered, the “best interest” of this minor child being paramount,
the Injunctive relief herein outlined is so prayed.
Respectfully
submitted,
Signed
John Schoonover
Exact copies
have been delivered to the office of the County
Attorney of
Pawnee and Pawnee County Department of Human Services and mailed to
the Director of the Oklahoma Department of Human
Services
6
Published
on the website dhsdogs.com
“Deliberately Harming Septuagenarian Dad’s
Only God-given Son”
Back /
Next / Home
| 
