IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF BAKER

JUVENILE DEPARTMENT

IN THE MATTER OF THE CUSTODY OF: Chaeden Dean Pierce and Ethan Alexander Pierce, minors.                       

GAYLE FOX,                   

                               Petitioner, 

            vs. 

DEPARTMENT OF HUMAN SERVICES, et. al.,
KIM MOSIER, DISTRICT ATTORNEY FOR DHS,
ANNE MORRISON, ATTORNEY FOR MINORS CHILDREN,  
GARY KIYUNA, ATTORNEY FOR PIPER PIERCE
KEN BARDIZIAN, ATTORNEY FOR MR. KEFFER,
JORJA CULLEY, CASA,
SANDI BAER, FOSTER HOME CERTIFIER,
KATIE KINCAID, SOCIAL SERVICE SPECIALIST
JIM MOLLERSTROM, SOCIAL SERVICE SPECIALIST
CAROLINE SNIDER, CHILD PROTECTIVE SERVICES
TODD SIEX, SDA 13 MANAGER,
JERRY BUZZARD, SDA 13 MANAGER,
CHRIS BLACK, SOCIAL WORKER SUPERVISOR               

                                 Respondents.

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Case No. 4818JO1 4819JO1

 

 

 

 

 

ORDER TO SHOW CAUSE

 

[Grandmother Seeks Custody

           of Grandsons]

 

 

 

 

Now comes Gayle Fox, Petitioner and maternal grandmother of the above minor grandchildren and moves the court requesting an Order To Show Cause as to why the Department of Human Services and Respondents have not released Chaeden Dean Pierce and Ethan Alexander Pierce into Petitioner’s sole custody and care.

WHEREAS, it is not in the best interest of the children to remain in the custody of the Department of Human Services as irreparable physical damage and mental injury to the minor children has occurred at the hands of the Department of Human Services and must cease immediately.

FURTHERMORE, the Department of Human Services and Respondents have damaged and attempted to diminish the relationship between the grandchildren and Petitioner by denying visitation for long periods of time.

FURTHERMORE, the Department of Human Services has habitually slandered Petitioner with accusations causing extreme mental and emotional impairment in an attempt to find Petitioner “unfit for custody”, without certifiable evidence or authentication.

WHEREFORE, Petitioner applies to this Court for an Order releasing Chaeden Dean Pierce and Ethan Alexander Pierce into the custody of Petitioner, Gayle Fox. 

Dated this ____day of January, 2005

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            __________________

            Gayle Fox

            Propia Persona

Based upon the records provided by Petitioner as evidence, IT IS HEREBY ORDERED THAT Respondents release Chaeden Dean Pierce and Ethan Alexander Pierce to the custody of Petitioner, Gayle Fox.

 SO ORDERED this_______day of January, 2005.
 _____________________
CIRCUIT COURT JUDGE

 

                                        

 

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF BAKER

JUVENILE DEPARTMENT

 

 

In the custody matter of: Chaeden Dean and Ethan Alexander Pierce, minors.

 

GAYLE FOX,

                        Petitioner,

            and

ANNE MORRISON, ATTORNEY FOR MINORS,
GARY KIYUNA, ATTORNEY FOR PIPER     PIERCE,
KEN BARDIZIAN, ATTORNEY FOR CHRIS KEFFER,
KIM MOSIER, DA FOR BAKER COUNTY, ATTORNEY FOR DHS,
SANDI BAER, FHC,
KATIE KINCAID, SSS,
JIM MOLLERSTROM, SSS,
CAROLINE SNIDER, CPS,
TODD SIEX, SDA 13 MGR.,
JERRY BUZZARD, SDA 13 MGR.,
CHRIS BLACK, SW SUPERVISOR,
CASA, JORJA CULLEY,

                          Respondents,

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Case No.: 4818JO1    4819JO1

 

           PETITION FOR CUSTODY

 

[Grandmother seeks custody of grandsons]

Now comes Gayle Fox, maternal grandmother of Chaeden Dean and Ethan Alexander Pierce, a petition for custody of minor grandsons.

1)      Whereas it is in the best interest of the children to be placed in her sole custody to protect them from further harm, as harm and injury has previously been done them in their present foster home and at the hands of DHS-CW, as will be be proven in evidence submitted.

2)      Furthermore, that Petitioner is in the position to provide a loving, caring, nurturing and stable position with substantial support of a loving family and community ties.

3)      Whereas, Petitioner has always played a substantial and supportive part in the grandson’s day-to-day lives and has seen to their needs, the elimination of Petitioners presence would not be in the best interest of the boys. And that when Petitioner was denied any visitation for a 4 month period at one time and a 2 month (approx.) period another time, was damaging to them, as behavior was displayed indicating fear, non-trust and confusion.

4)      Whereas Petitioner has been present and will continue to be present at all CRB meetings, court appointments (1 exception), family decision meetings, etc. and has had continued unsupervised visitation by DHS, which has been a financial hardship due to her residing and working in Salt Lake City, Utah.

5)      Whereas, there has been no home study ordered in Utah, submitted in August 2004, and Petitioner has evidence that nothing is planning to be done by Mr. Mollerstrom, contrary to the recommendations of the CRB of 10-02-04.

6)      Whereas, it is truly in the best interest of the boys to know they have a caring and nurturing family who loves them, and who will take time and an interest in their needs in lieu of having them think that they were sent to live with a family unfamiliar to all of us.

7)      Where it is the decision of their mother to consent and strongly agree to this custody petition, as she has made clear to DHS.

8)      And, inasmuch as the families ethnic and religious backgrounds and culture has not been honored and continues to be ignored, as is evidenced in the previous intervention filed by Petitioner.

 

Dated this    day of December, 2004

 

 

 

 

Gayle Fox

 

 

                                          ___________________________________

                                          Notary Public for Oregon State