Andrea D. Lopez
23 Ohagan Ln.
Thornton, WV 26440
Andrea.Jackson.Lopez@gmail.com
304.216.7620 (tel)
844.329.7816 (fax)
Declaration of Facts
I, ______________________________, state:
1. I am the mother of four children: Isaiah, Jeremiah, Rayanna, Jocelyn.
2. This declaration is being written in to explain my side of the case to the court. I believe the improper investigation of Guardian ad Litem and CPS. The misrepresentation from previous court appointed attorney, Along with false statements and a complete disregard of my attempts to submit tests results and important documents and has affected my children. Past and Present.
3. This is in reference to; In The Matter Of: Jocelyn Jackson, 17-JA-68, October 23. 2017 and for said Juvenile within the Circuit Court of Preston County. (exhibit a.)
4. My oldest son, Isaiah was born in 2001. In Morgantown, WV. We moved to Virginia in 2005. I enrolled him in Kindergarten in Brock Road Elementary School in 2006. He would continue to reside with me until he witnessed domestic violence. I needed to be medically treated for in January, 2007. (exhibit b.)
5. I had two children with Bradford Burchett from Virginia. Jeremiah & Rayanna. Virginia claims jurisdiction over them, the youngest being born there. I would have to bounce back and forth forbidden to live with my children in West Virginia. Virginia would threaten “kidnap” everytime I would attempt to flee the situation. I stayed in a Women's Shelter, twice 2x, to leave the home but to be near my young children. (exhibit c.)
6. Isaiah's father, my husband deceased in 2009. I placed my oldest, Isaiah with my godparents. I signed temporary guardianship resulting from being a victim of domestic battery and having to still needing to care for the infants/toddlers. This time this was the best decision for my son.
7. First experience with any CPS involvement was Stafford, VA. in the fall of 2013. Brad's girlfriend “anonymous.” They informed me then, the previous year my son went to school with a black eye. Jeremiah was coached to tell them “Daddy wrestled to rough. I was never contacted about this. I forced my position with Preservation of Parental Rights letter and a Request for Documents under FOIA/Privacy Act.
8. Throughout these years and continuing until May 2015. I found out I was pregnant. I was being treated for Severe Anxiety, PTSD, OCD diagnosis. I was prescribed Alprazolam (xanax) 1.5mg 3x daily. (exhibit d.)
9. My treating physician suggested the only way to safely get off was by taking Suboxone. This included extensive Individual Therapy, Group Therapy, and (4) sponsored verified weekly NA meetings. Along with (16) Negative random Drug Test Lab Results. Providing documentation for this. (exhibit e.)
10. I was threatened, forced into a Temporary Protection Plan when my daughter was born. To quit breastfeeding get off the medication despite my physician's orders. Graftons CPS worker Terri. Cox. (exhibit f.)
11. I have detailed notes I wish for you to review on Taylor County. (exhibit g.)
12. On July 31, 2017 Corey Kisner came into the driveway in a newer Mustang. He was delivering the bearer of bad news to his own test results. The cancer biopsy came back positive, and ask if I would like to accompany him.
13. The night I was driving this vehicle. I had put my daughter to bed before making arrangements to be picked up. I had pre-arranged for her care until my return. Which was before she would awake. I was given permission to take the vehicle home.
14. I was worried when the owner didn't return my calls. At that time I was washing my daughters car seat cover. I only took a toy, a diaper change, and drink. I didn't even take a diaper bag or dress my daughter. This shows I was in a hurry and had no intention of being in this vehicle for any length of time.
15. The Petition was filed Oct. 23, 2017. The above-described incident was Aug.1, 2017. A staggering eighty-four, (84) Days after the first incident occurred!
16. The witnesses to this interview included Andrew Jackson, Brenda Jackson, Tammy O’Hagan, James Falter, and to my knowledge no recording was made.
17. Upon Ms. Guilliots initial contact, we were "Family Assessment/Family Team Meeting" was held on Oct. 10, 2017. Seventy-One, (71) Days after the fact! There is no "imminent danger."
18. Mr. Andrew Jackson was on the scene. Before I was even under arrest Aug. 1, 2017. My father was willing and able to care for my daughter until further notice. Ms. Guilliot states in her Petition, the baby was "Abandoned!" This was previously clarified on Oct. 10th. Everyone was present. False Allegation.
19. I did refuse to sign the "Protection Plan." There was no need for the States delayed Interference. I stated in the Family Courtroom. If she would change the "False Allegations to state the truth. I would not hesitate. I would certainly comply with such demands." Ms. Guilliot would not correct the false statements to say true.
20. The Department took custody of my child on Dec. 21, 2018. According to CPS Guidelines, Policy and Procedures. My daughter should have been seen, by a Physician, within 5 days and to have full a Physician's exam within 30 days of being in their control.
My daughter has a gastro defect. She is unable to process milk proteins. She is on daily, otc prescription strength allergy medication. She should have been scheduled to have testing done at age 2. The Guardian ad Litem and CPS Worker, both informed verbally and in writing of such problems and concerns. It has been 5 months with The States involvement. My daughter has yet to be seen by her Physician!
21. MDT has met 2x that I know of. They have excluded me. Along with other important family members that are responsible for the care of my daughter, intentionally left out. This includes my previous attorney. As well as Ms. Toni Dalton, the Supervised Visit Coordinator.
CPS Policy and Procedures puts the responsibility to Ms. Deborah Guilliot. She is in charge of such meetings and also states that they are to notify through FACTS, in writing of the dates we are to meet! This has been questioned to the CPS worker and The Guardian ad Litem verbally and in writing. Completely ignored! Ethical Misconduct and Malpractice on Mr. Aaron Yoho and Deborah Guilliot.
22. I have had only supervised visits of my daughter because they say I’m a danger to her. This is not true. In fact most of what they say about me is not true which is why I’m contesting the charges and asking for a full trial to make them try to prove their untrue statements.
23. The CPS employees I have to work with do not communicate, if at all. I have texted, faxed, mailed communication with no response usually. They are Deb Guilliot and her supervisor, Mr. Lawrence. Community Services Manager responded untruthfully to WV DHHR Client Services Unit in my attempt to file a grievance. He exaggerated situation and withheld the truth. Stating “She was charged for “being under the influence and attacked officers when they intervene.”
24. Supervised Visits have continually reported, exceptional parenting skills I’m sure. Thus far being a mere disruption to my daughter and her overall well being.
She is being taken out in sub-zero weather to meet her mother. In an unfamiliar facility. She is being exposed to many illnesses in this meeting place. It is a breeding ground for germs as many children come through. Both rooms that we have met in are filthy-dirty. This has also been addressed to the CPS Worker because her Father and I get along very well. She should be able to visit with me at her current home, where we have clean and comfortable environments.
25. I am requesting for the return of my child if granted a Court Improvement Period.
Executed December, 21, 2017. Preston County, West Virginia
I declare under penalty of perjury that the foregoing is true and correct.
_________________________________
