[Kristin7]

I found out today that there is a deposition sometime soon and that the bios are calling to depose me. What is the purpose of this? to see what I know regarding the case or to try to discredit me and have the kids removed?

I know that one of the motions bios have filed is to have the girls removed.

I would rather stay out of all the court stuff...I haven't attended court at all and have stayed out of the court stuff and havne't really fought for anythng and let the cw/bios have what they want...even if deterimental to the girls....simply to showthat I am not interferring with the case.

Any advice from relative providers or anyone i guess that has had to be deposed and how it affected the TPR results.?

Thanks all

[Hadley2]

Hi Kristin,

It just keeps getting worse, doesn't it? I'm sorry your family is giving you such a hard time.

You cannot be forced to give any kind of testimony or evidence about anything without a summons/subpoena from the court itself. Even then, you cannot be compelled to testify to anything that could be used or that you think could be used against you. If you are summoned as either a witness or a defendant, you have the right to an attorney and to have one appointed if you meet the needs test. Given the animosity the parents have shown, if summoned by the court to testify, I would definitely have an attorney representing me if I were you.

If the parents' attorney(s) are thinking of requesting a deposition from you, it most likely has nothing to actually do with the case--if they needed your testimony for the case, they would ask the court to subpoena you to testify in court, not separately, and they would have to justify that by saying you had information relevant to the parents' defense. I doubt they really believe you have anything positive to contribute to the parents' defense. More likely, a deposition would be separate from the case and have some other purpose. Bottom line, if they have no court order, and they probably won't, you can refuse.

If it were me, I would refuse because (a) no good come of it and (b) harm could come of it. I think it is more than likely that the parents are trying to drum up some kind of allegation against you to get the girls removed. It's dumb, because it would get the girls no closer to them--TPR is not a contest between parents and adoptive placements. Removal from you doesn't mean RU for them--it just means the girls go to strangers and will get put on track for a fully closed adoption eventually. But it's just the kind of vindictive nonlogic that sometimes makes sense to parents in this situation. Our niece/fd/soon-to-be-daughter's parents didn't go quite that far, but at one point did want us to "step down." They did not get that if we did that, she would be lost to all of us forever....

Anyway, a clever attorney could spin just about anything you have to say against you, so I see no reason to give them the chance.

They may word a request for deposition and have it served in a way that sounds as if you have to do it, but again, if the papers are not coming from the court itself and saying that you are summoned by the judge/court, you don't have to do it.

If it does happen, I would let the DSS attorney know about it. Again, good luck with all this.

[tvs4]

I'm sorry they are playing all these games. sounds like they have a savy lawyer and I think in that past you had also contacted a lawyer for yourself. I think this might be a time to talk to a lawyer again. Maybe have your lawyer write back a letter to their lawyer and to the CWs and DSS attorney politely declining to talk to them.

Even if you are court ordered to come and "testify" I would also want a lawyer on your side to tell you what you are obligated to say and not say. Most people without a law background could be easily tricked into saying things that could be taken out of context so having your own lawyer might be worth the investment.

I would be afraid with all the stuff the parents are trying at this point (and hey, where was this devotion to the cause while their children were being removed and then when they had time to work a plan?) that I wouldn't go this alone without your own legal counsil.

[Kristin7]

Thanks to both of you for responding.

I do have an attorney...that is how I found out about the deposition. I haven't received any notification of it at all from anyone, but my own attorney...that found it out directly from the ASA. So I haven't been served. The attorney told ASA that I wouldn't be present for the depo simply because I haven't been served.

I'm wondering if the bios are playing games....have a depo and then when I don't show up....have it go on record that I didn't comply or etc. I would assume notice of a depo would come by certified mail or even sheriff? I don't know...but neither happened.

Since I am not a party to the case....do I have to do the depo? Yes I am a relative fp....and have lots of info...but it won't be good for the bios. What are they wanting out of me from a depo? What stuff would they try to get out of me that would make me look bad?


K

[Susshy]

If your lawyer is not worried about you not showing up for it then you shouldn't be either,,, unless you don't trust your attorney then you need a new attorney.

[Hadley2]

You can't be expected to "comply" with anything you haven't actually been asked to do. No one has asked you to do anything. Apparently, the parents' atty was thinking about something, mentioned it to ASA who mentioned it to your attorney. The point is that neither the the parents' attorney nor the ASA has actually asked you to do anything.

If you do hear from the parents' attorney, I would refuse to talk with him/her. You are under no obligation or responsibility to talk with either the parents or their attorney. Talking to their attorney cannot help you in any way and may hurt you or social service's case or case plan. Just say "no."

If the parents do request a move based on some complaint or allegation they make, I can't imagine ss even considering removal without a full investigation. Many fps have been through it, it's not fun, but parental allegations usually end up in the circular file, kwim? The parents' attorney would NOT have any role in that investigation and you would still have no reason to talk to him/her.

I hope you can stop fretting about this as it seems, literally, to be absolutely nothing.

How are the girls doing? Have you been able to get any respite?

[Kristin7]

Thanks Hadley

The girls are fine. We went on a day long road trip last Saturday and had a great time. Showed the kids where I went to college/campus/old apartments etc. Was good to show them some of my history. They were excited too. Felt great to be with my girls and having a good time.

Had a talk with attorney yesterday. She said to let her know if i get a notice for depo and to not worry about it until I do/if I do.

Her question to me was....if I wanted her to file for me to become a party to the case...so I can be part of upcoming trial. I'm not sure if I want/should be in the courtroom or not.....thoughts?

Attorney said that I'll be a witness for sure. So I do need to prepare for that.

Im trying not to worry about it....thanks for support.

K.

[kxl164]

This may not help your decision, but might be worth considering:

Here, if you are a party to the case you can stay in the courtroom the entire time and hear all of the testimony. If you are a witness you are excluded from the courtroom until after your testimony has been given, then you may be able to stay or may be asked to leave.

Also, here, the judge takes into consideration who is in the courtroom (if you are permitted to be in the courtroom that is). We were thanked by the judge for being at every hearing and "showing" him (he read our facial expressions) what testimony we thought was true and what plans would best help the kids. It didn't make a difference as to outcome of TPR, but it did make a difference regarding services to the children.

[Hadley2]

I'm so glad you had a good time with them. Those are the days to file away in the heart and mind...for those other days