Tuesday, December 13, 2011

Detroit Mother Wins Again In Custody and Criminal Case Involving Daughter's Medical Care

December 13, 2011

Judges side with mom in neglect case

Courts rule against state, Wayne Co. in issue of teen’s care

By DOUG GUTHRIE / The Detroit News

Detroit— Judges in two Wayne County courtrooms sided Monday with a mother who resisted police entering her home in March to take her teenage daughter over claims of medical neglect by a Child Protective Services worker.

A Family Court judge, who in September ruled against the government's contention that Maryanne Godboldo abused her now 14-year-old daughter by withholding a controversial anti-psychotic medication, Monday accepted positive medical and education reports, before dismissing the court's jurisdiction. Judge Lynne Pierce acted over the objections of an assistant state attorney general representing the Department of Health and Human Services.

Earlier Monday, a Wayne County Circuit Court judge refused to reinstate criminal charges dismissed in August by 36th District Judge Ronald Giles. Judge Gregory Bill said he agreed with Giles in finding insufficient evidence to order Godboldo to trial on charges of resisting and assaulting Detroit Police by allegedly firing a shot before her daughter was taken and kept in a mental health facility for nearly two months.

Wayne County Prosecutor Kym Worthy's office vowed to ask another court to reinstate criminal charges.

And, when state Assistant Attorney General Deborah Carley complained it appears the girl has never received anything other than homeschooling her entire life, Pierce said the state is not barred from pursuing criminal truancy charges.

The girl was being treated for a sudden onset of psychotic behavior the mother argued was caused by a reaction to immunizations. When the mother decided to stop the drugs because she believed they were doing more harm than good, the state got involved through a complaint from a medical provider.

Police were called March 24 by caseworker Mia Wenk, who testified earlier that she dialed 911 and implied she had a criminal warrant instead of a civil court order with a 30-day window for compliance.

Giles had tossed out the charges because he said the order was invalid. It was never authorized by a judge, but had a rubber-stamp signature. Giles also said prosecutors failed to provide evidence Godboldo fired at anyone.

"It is absurd," Byron Pitts, Godboldo's lawyer, said about the possibility of another appeal. "Four different judges have said they believe this family did nothing wrong. … It has been clear to these judges that this all stems from one overzealous caseworker, and continued appeals now border on persecution."

dguthrie@detnews.com

(313) 222-2548


2 wins for mom: Charges tossed, she gets daughter

12:31 AM, Dec. 13, 2011
By Joe Swickard
Detroit Free Press Staff Writer

Two courts gave Maryanne Godboldo early Christmas presents Monday -- her child and dismissal of multiple felonies from an eight-hour standoff with police last spring.

"Thank you for just doing your job and following the law," a weeping Godboldo said in the morning after Wayne County Circuit Judge Gregory Bill ruled that a lower court judge was correct in tossing out the criminal charges from the March incident.

Godboldo had held off child welfare workers and police who were try to remove her teenage daughter because Godboldo would not give the child Risperdal, a drug prescribed for an undisclosed psychiatric condition. Godboldo insisted that the drug, also used to stem aggressive behavior, was harming her daughter.

Bill's ruling upheld 36th District Judge Ronald Giles' ruling, which said the order to take the child was faulty and there was not enough evidence to support felony charges of assault and firearm violations.

"What a nice Christmas present," one of Godboldo's supporters said outside Bill's courtroom.

In the afternoon, Circuit Judge Lynne Pierce, sitting in family court, said the daughter could stay with her mother.

"We've had a very good day," Godboldo's lawyer Byron Pitts said after court.

Pitts said the decisions were victories for parental rights and a rejection of overreaching social workers and agencies.

Godboldo said the many hours she has spent in court have taken her away from caring for her daughter.

Another of Godboldo's lawyers, Allison Fulmar, said the decisions upheld what she called "a parent's right to due process."

There may be more rounds to fight, though. Within an hour of Bill's decision, the Wayne County Prosecutor's Office said it would appeal.

"That's their position, and it's absurd," Pitts said. "This woman has done nothing wrong."

Earlier, Pitts had called on Prosecutor Kym Worthy to drop the case.

"If she wants to pursue it, we'll keep fighting," Pitts said.

Contact Joe Swickard: 313-222-8769 or jswickard@freepress.com

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