transcripts

Today, it was reported that there are no heat or electric services at the home. The heat and
electric services have been off for at least one week. The family has a fireplace in the home. The
family is cooking meals over the fire. There is a heater in Bill's room, so the family sleeps in Bill's
room sometimes. The family also sleeps in the living room by the fire place.
Aadyan often comes to school withouf his ADHD medication. When Aadyan does not have his
medication, he cannot sit still, he makes noises, he disrupts other students, and cannot control
himself. Dawn does not return phone calls or letters regarding the ADHD medicaiions. The
children have issues with truancy.
On Friday, Ava's hairwas very messy and knotted. Ava needs to be in special education classes,
but Dawn will not return phone calls Ava an lEP.
2. CHILD WELFARE HISToRY of FAMILY TRENDS
711012003 Bay County Cat V: Child has told report source repeatedly that her daddy showers and sleeps with her
naked.
BlBl2007 Livingston County Cat lV: The dad has gun and'rifles in the home. He has two domestic violence convictions
so he is not supposed to have weapons. The boy has been exposed to sexual misdoings. He is not acting out
sexually. The father will not have any contact with the child or support the child. The father is a drug addict. [\4om ga,,,e ' up custody.
112512013 Bexar County Texas: There was reason to believe the allegations that Greg and Dawn were neglectfully
supervising Ariel, Anikin, Ava and Aadyn. There were also allegations that Greg physically abused the children but
there was not a finding for this allegation. The family received family preservation, services for one month.
211312013 Wayne County Rejected: Dawn and Greg has a history of domestic violence. Dawn tried to get Greg to - move but he refused to leave. Greg also physically abused Ava by hitting her in the head with a rake leaving a bump.
Greg also grabbed Aadyn in his stomach so hard he found it hard to breathe. Greg did this as a from of punishment.
Dawn tried to intervene when Greg abused the children. Greg would not leave so bawn left Texas with lhe children.
121412013 Bay County Rejected: Ava was observed outside the home standing in the driveway after school, Aadyn and
Anikin arrived soon after. There was no adult suqervisiol, The door to the garage was unlocked, there was no
watching the children. Ava has made comments about them hiding from her father. Ava has made comments about
Greg abusing her.
The current allegations concern improper supervision and physical neglect due to the family having no power. There is
currently a CPS trend concerning improper supervision with this family. The family was offered family preservations
services in Bexar County Texas.
3. SOCIAL WORK CONTACTS CASE INVESTIGATION
Date of Contact Person Contacted Tvpe of Contact Contact Method
12t09t2013 Consumer's Enerov Collateral Phone
12t09t2013 Pupil Services Collateral Phone
12109t2013 DHS-3200 Collateral Documentation
12/10t2013 E' Collateral Phone
12t10t2013 Puoil Services Co lateral Phore
12t10t2013 Friend of Court Co lateral Phone
12t10t2013 E Co lateral Face to Face
12t10t2013 Co lateral Face to Face
1211012013 Anikin Marshall Case Member Face to Face
12t10t2013 Ava Marshall Case Member Face to Face
12t10t2013 Aadvan Marshall Case Member Face to Face
12t10t2013 Ariel Robertson Case Member Face to Face
DHS-154 (SWSS 10/2007)
12t10t2013 Dawn Marshall Case Member Phone
12t1012013 Dawn Marshall Case Member Face to Face
12t10t2013 Dawn Marshall Case Member Phone
12t10t2013 Hubert Robertson Collateral Phone
12t11t2013 Dawn Marshall Case Member Face to Face
1211112013 Dawn Marshall Case Member Phone
12111t2013 ES Worker. Craiq Schafer Collaieral Face to Face
12t11t2013 Dawn Marshall Case Member Phone
1211112013 Don Neerinq Collateral Phone
12t11t2013 Dawn Marshall Case Member Phone
12t12t2013 Dawn Marshall Case Member Face to Face
1211212013 Aadvan Marshall Case Member Face to Face
12t1212013 Dawn Marshall Case Member Letter
12t12t2013 Dawn Marshall Case Member Phone
1211212013 Dawn Marshall Case Member Phone
1211212013 Kevin Wvzkiewic Collateral Phone
12t1312013 Collateral Phone
12113t2013 Collateral Phone
1211312013 ES Worker, Craiq Schafer Collateral Face to Face
41t41.tanI1. lrl\aql(iarv rD htraellnvcu flnllaiorql Dhnno
12t16t2013 CentralRegistry Collateral Documentation
1211612013 ffi Collateral Phone
1211612013 Dawn Marshall Case Member Phone
12t1612013 Kellv Neerino Collateral Phone
12t16t2013 Texas Department of Famiiy and
Protective Services
Collateral Phone
12t16t2013 Texas Department of Family and
Protective Services
Collateral Documentation
12t16t2013 w Collatera Phone
12116t2013 Consumer's Enerqv Collatera Phone
12116t2013 Forensic Fluids Collatera Documentation
12t16t2013 Texas Department of Family and Collatera Phone
rtole(jilve oetvtues
1211612013 Dawn Marshall Case Member Face to Face
12t16t2fr13 William Overaitis Case Member Face to Face
12t17t2013 ES Worker, Craiq Schafer Collateral Email
12t17t2013 Bere Wvzkiewic Collateral Phone
12t1712013 Greqory Marshall Case Member Phone
12t17t2013 Bav Countv FOC, Merry Lee Collateral Phone
1211712013 Forensic Fluids Collatera Phone
1211712013 Greoorv Marshall Case Member Documentation
1211712013 Greqory Marshall Case Member Email
1211712013 Friend of Court, Mike C. Collateral Phone
12t17 t2013 Dawn Marshall Case Member Phone
1211712013 Forensic Fluids Collateral Documentation
1211812013 ffi Collateral Email
1211812013 Dawn Marshall Case Member Phone
12t18t2013 Bav Countv FOC, Merry Lee Collateral Phone
12t18t2013 Bav Area Women's Center Collateral Phone
12t18t2013 Friend of Court Collateral Phone
12t18t2013 Kellv Neerinq Collateral Phone
12t1812013 Dawn Marshall Case Member Phone
12t18t2013 Dr. Struble Collateral Documentation
12t18t2013 William Overaitis Case Member Email
12t19t2013 Case Conference Collateral Face to Face
1212012013 Ariel Robertson Case Member Face to Face
12t2012013 Huqhev Robertson Case Member Face to Face
DHS-154 (SWSS 10/2007)
12t20i2013 Dawn Marshall Case Member Phone
12120t2013 Dawn Marshall Case Member Phone
1212312013 List Psvcholooical Collatera Phone
12127t2013 Bav Area Women's Center Collatera Phone
12t27t2013 Kellv Neerino Collatera Phone
01102t2014 Bav Area Women's Center Collatera Phone
01107t2014 List Psvcholoqical Collatera Phone
INTERVIEWED YES NO IF NOT, WHY NOT
ALL CARETAKERS
ALLEGED VICTIM
ALL SIBLINGS
ALLEGED PERPETRATOR X
4. VERIFICATION OF ChILD WELL.:BEING
THIS WORXER CONFIRMED TI{E WELL-BEING OF;
5. REQUIRED ASSESSMENT OF LAW ENFORCEMENT INFORMATION:
Policy Requirement
Reason:
Criminal History Results:
Worker Safety
Child's Name How? Date? Location? Whereabouts if not with caretaker?
Aadvan Marshall Face to Face 12/10/2013 Dennrlment of Hrrman
Services
Ava Marshall Face to Face 12t10/2013 School
Anikin Marshall Face to Face t2/r01201,3 School
Ariel Robertson Face to Face 12/10/2013 School
6. REQUIRED ASSESSMENT OF MEDICAL INFORMATION:
Policy Requirement
Reason:
Medical Exam Results:
No, none of the above factors apply.
7. SAFETY ASSES$MENT NARRATIVES:
safety There are no indicated safety factors.
Factor(s):
Safety
Plan(s):
B. RISK ASSESSMENT NARRATIYES:
DHS.154 (SWSS 10/2007)
Primary caretaker is unable/unwilling to control impulses?
Dawn is able and willing to contro.l her impules.
Primary caretaker currently has a mental health problem?
Dawn reported that she has depression and that she is looking for a doctor for herself.
Primary caretaker involved in harmful relationships?
Dawn is not involved in harmful reldtionships
Primary caretaker currently has a substance abuse problem?
Dawn did not report having a substance abuse problem. Dawn said she did have a problem with aclohol but does not feel
it is a problem now. Dawn was offered a substance abuse assessment but she was not interested.
Primary carelaker provides inadequate physical care and/or inadequate supervision of child?
Dawn provides adequate physical care and adequate supervision of the children.
Primary caretaker able to put child needs ahead of own?
Dawn is able to put her children's needs ahead of her own.
One or more is true of primary caretaker's socia! suppo*?
Dawn has a loi of social suppori fror her family and neigi'rbors.
Primary caretaker views incident less seriously?
Dawn views the allegations as serious as the department.
Either caretaker maltreated as a child?
Dawn reported that she was abused by her father.
Either caretaker is domineering, and/or employs excessive and/or inappropriate discipline?
Dawn is not domineering and does not employ excessive and/or inappropriate discipline.
Either caretaker has history of, or current, domestic violence?
Dawn reported that she is a victim of domestic violence with her ex-husband, Gregory.
All caretakers motivated to improve parenting skills?
Dawn does not need to improve his parenting skills.
One or more is true of a child in the home?
Ava has been diagnosed with ADD. Aadyn and Anikin have been diagnosed with ADHD.
Family is homeless or children are unsafe due to housing conditions
The family is not homeless and the home is not unsafe due to housing conditions.
9 INVESTIGATIVFFINDINGSCOMMENTS:
12t[gt2|13@02:05 PM,Successful Phone Gontact - Consumer's Energy
This SW contact was entered by C/:
Consumer's Energy Representative verified that the electric services at the home are currently turned off. Since the
electricservicesareturnedoff,thegas.SerViceswillnotwork'
12t}gt2}13@04:07 PM Unsuccessful Phone Gontact - Pupil Services
Attempted phone contact was made with Pupil Services. Message was left asking for a return phone call.
1210912013@ 11:33 PM Successful Documentation Contact - DH5-3200
This contact was entered by Gentralized lntake:
The DH5-3200 was received by Centralized lntake. This form
Utilities menu and saved to this log number.
has been scanned and attached in SWSSwithin the
1211012013@08:26 AM Successful Phone Gqntact - PupilServices
Pupil Services returned phone call. They do not have a record of where the child ren attend school
1211012013@ 08:31 AM Successful Phone Gontact - Friend of Court
Phone contact was made with Bav Cou Dawn has a case with a Hubert Robertson concerning Ariel. Hubert
has an address of Dawn also has a case with G Marshall concerning
Ava, Aadvn and Anikin. Gregory has an address of
E
1211012013@ 10:00 AM Successful Face to Face Contact - Anikin Marshall
Anikin was interviewed at school using the forensic interview protocol. Anikin was not able to differentiate between a
truth and lie but could differentiate between right and wrong. Ground rules were established. Anikin was wearing a
Mario lshirt and camouflage Khaki pants. Anikin was clean and neat and there were no signs of abuse or neglect.
Anikin mumbled and was diflicultto understand attimes. Anikin said he lives with Aadyn, Ava, his mom and Gerald.
When asked what he likes about home he said my dad is mean. He said his dad lives in Texas. He said he likes
playing with his toys. When asked what he doesn't like home he mumbled and worker could not understand what he
was saying. He said he likes his mom because she watches t.v.. He said he doesn't like her to play video games. He
said he wants Aadyn to play video games. He said Aadyn plays video games at home. He said when he is at home
Gerald, Aadyn and Ariel watches him. He said his mom never watches them and that she is always going. He said his
mom goes to Texas. When asked who wakes him up for school ih the morning he said he,wakes himself up. He said
his mom makes him breakfast. He said he is never left home alone. He said his mom, Gerald, Aadyn and Ava watch
him. When asked who cooks dinner he said his mom. He said they don't have electricity and they use the fire to cook.
He then said he wants to go to Texas to get his toys. He said he feels safe at home and that his toys make him feel
safe. He said he gets into trouble at home and when he gets into trouble nothing happens.
12t10t2013@10:10 AM Successful Face to Face Contact - Ava Marshall
Aya was for6nsically interviewed at school using the forensic interview protocol. She was clean and neat and wearing a
Peace shirt. She has long, brown hair. She immediately said that we are safe. She said they don't have electricity but
mommy is trying to make us safe. She said they stay warm by the fire. She said they have flashlights and they have a
lot of blankets. She said she sometimes spends the night at her friend's house. She said, "we are fine." She said they
were supposed to qet their electricity turned back on Monday but it didn't come. Ava was able to differentiate between a
DHS-154 (SWSS 10/2007)
truth and a lie, ground rules were established. She said she lives with her mom, her two brothers and Bill. She said her
mom met Bill at the homeless shelter. She said she likes home because she likes to play with her friends, She said
that she always wants io takg the t.v. away from Aadvn. She said she doesn't like home because Aadvn is mean. She
said he is mean because ne hits her and scratches her. She said her mom stops Aadvn and will yell at him. She said
that Aadvn sometimes gets soap in his mouth for saying the f-word. She said she likes her mom because she is nice
and she saves her. She said her mom cooks them food. She said her mom cooks on the grill or will warm it up in the
fire. She said there is nothing she doesn't like about her mom. She said she sometimes gets into trouble. She said
when she gets into trouble she gets grounded or can't play with her friend for one day. She said that she iakes baths at
home. She said they still have hot water at h6me. She said she takes a bath most days but doesn't like to take baths.
She said she eats bieakfast at home and she had pancakes today. Ava said when she is at home her mom watches
her and when she is gone Bill will watch them. She said Aadvn will watch her when her mom and Bill are gone. She
said she was only home alone wilh Aadvn for one day. She said Aadvn takes medicine at home. She said that he
takes medicine for his ADHD and for his anger. She said she feels safe at home and that her mom makes her feel safe.
She said if she could cninge anything about home she would change the electricity and would wish that Aadvn wouldn't
always be on the i.v..
12t1Ot2O13@10:26 AM Successful Face to Face Contact - Aadyan Marshall
Aadvn was interviewed at school using the forensic interview protocol. He was wearing a blue, yellow and white
stffied, long sleeved shirt and camouflage pants. Aadyn was clean and neat with no signs of abuse or neglect. Aadvn
said he lives with his mom, Bill and his siblings. He said his mom is nice and cares about us. He said there is nothing
he doesn't like about his mom. When asked what he likes about Bill he said he doesn't know and that he just started
living with Bill. He said he likes home. He said he likes home because of his Wiiand all of his games. He said there is
nothing he doesn't like about home. When asked if he gets into trouble at home, he said a little bit. He said he doesn't
know what happens when he gets into trouble. She said his mom wakes him up for school in the morning. He said his
mom cooks dinner and Bill wilisometimes cook too. He said they mostly cook in the oven but sometimes they use the
grill. He said it can be a little cold in the house, when asked why it gets cold he said, "l don't know, it's just cold." He
Iaid they get heat from the fire and the heater. He said he takes baths every morning. He said he takes his ADHD
medicine when he needs it. He said his mom gives it to him. He said when he is at home his mom watches him and his
brother and sister. He said sometimes he will watch his brother but his mom is still at home. He said sometimes Jerry
willwatch them if his mom isn't home. He said if both Jerry and his mom leave they will take everyone with them. He
said he feels safe at home and that his mom makes him feel safe.
tmOnilS@ 11:10 AM SuccessfulFace to Face Contact - Ariel Robertson
Ariel was interviewed at John Glen using the forensic interview protocol. Ariel was able to differentiate between a truth
and a lie, ground rules were established. Ariel was clean and neat with no concerns of abuse or neglect. Ariel was
wearing a-black !-shirt when a green sweater and jeans. She said she lives with her dad. She said she likes her dad
becausl he is niie, caring, supportive, she said she can go on and on. She said there is not much she doesn't like
about dad but that he can-get annoying at times. She said she likes home because she gets to watch t v. and she is
pretty much free. She saiJthere is-noihing she doesn't like about home. She said she goes to her mom's house
.ometim"r. She said she likes her mom because she is loving, very-nice and protective. She said she doesn't like her
mom because she lets her emotions drive her. She said she has always lived back and forth between her mom and
dad's house but has been living with her dad since October. She said she has no concerns for her brothers and sister
being at her mom's house. She said the last time she was at her mom's house was the Saturday before Thanksgiving.
She laid her mom,s house had heat when she was there last. She said she doesn't know how her mom is heating the
house. She said Aadvn takes medicine for ADHD. She said she has no concerns for Aadvn notgetting his medicine'
She said she really doesn't get into trouble at home. She said if she does get into trouble. she gets her stuff taken away.
She said when hei brothers"and sister get into trouble they get their video games taken away or g.et sent to,their room'
Ariel said she doesn't know who watches her brothers and sister at her mom's house. She said she doesn't know if they
are ever left alone. She said she feels safe at home because no one patronizes hei at her dad's house. She said she
feels safe at her mom's house most of the time. She said her mom makes her feel safe. She said there are two guys
iiurg at her mom's house but doesn't know their names. She said one of the guys is unsafe. She said he can't control
his Jnger. She said she doesn't think he has ever hurt anyone but he has been to jail.
12t1012013@11:26 AM Unsuccessful Phone contact - Dawn Marshall
Attempted phone contact was made witfr-Oawn.
-O"wn'"
phone went straight to voice'mail and her voice mait box was
full. Message was unable to be left.
DHS-1s4 (SWSS 10/2007)
1211012013@01:02 PM UnsuccessfulFace to Face Contact - Dawn Marshall
Unannounced home visit was made to Dawn's house. There were no cars in the driveway. No one answered the door.
Business card was left.
1il1A12A13@02:02 PM Unsuccessful Phone Contact - Dawn Marshall
Attempted plone contact was made with Dawn. Dawn's phone went straight to voice*mail and her voice mail box was
full. Message was unable to be left.
12t10t2013@02:20 PM Successful Phone Contact'- Hubert Robertson
Phone contact was made with Ariel's father, Hubert Robertson. Hubert was made aware that Ariel was seen at school
today. He was made aware that there was a complaint received concerning Ariel. Hubert said that Ariel goes to Dawn's
, house once in a while. He said he has a lot of concerns for Dawn. He said one night Ariel called him crying and he
went to go pick her up because she said her mom was going nuts and she hasn't really been back to her mom's since.
Hubert said he can meet with worker on 12120113 at '10:00 a.m.
12111t2013@09:35 AM Unsuccessful Face to Face Gontact - Dawn Marshall
Urrannounced home visit was made to Dawn's. Thei'e wei"e no cai's in the di'iveway. Woi'ker's business cai'ds from
previous day were gone: No one answered the door. Work left hand written not asking Dawn to contact worker as soon
as possible and that its very important to discuss the allegations. Worker also left business card"
12111t2013@09:45 AM Unsuccessful Phone Contact - Dawn Marshall
Attempted phone contact was made with Dawn. Dawn's phone is shut off and went to voice mail. Her voice mail box
was full and message was unable to be left.
12t11t2013@ 10:05 AM Successful Face to Face Contact - ES Worker, Craig Schafer
Contact was made with Dawn's FS Worker, Craig Schafer. Craig advised that Dawn applied for an SER on 1215113 for
City of Bay City, gas, electric and water. He said he received all of her paper work today and she should be eligible for
at least some of it. Craiq did not have anv different phone numbers listed for Dawn.
'12t11t2013@ 10:15 AM Unsuccessful Phone Contact - Dawn Marshall
AttemptedphonecontactwasmadewithDawnatphonenumber989-893-9010. Amanansweredthephoneandsaid
she doesn't' live here. Worker asked if he has contact with Dawn, he said he talked to her yesterday. Worker left
message and gave phone number asking if he could give Dawn a message to return phone call, he sald he will.
12111t2013@ 10:40 AM Successful Phone Contact - Don Neering
Man from previous phone call called worker. He said he is Dawn's father, Don Neering. Don said Dawn's cell phone
numberis'gg9-225-7160. HesaidthatDawnhadherelectricshutoff. Hesaidhetooksomewobdandfueloverthere
yesterday so they have heat. He said he doesn't know if she can't gei any help. He said if something doesn't happen
soon he will bring the children to his house. He said that Dawn is going through a divorce and her ex-husband is
coming from Teias. He said Dawn doesn't get any support from her ex and that he has said many times he was
comin! back up. Don said he. has no concerns for the children being unsupervised and that they are never left alone
and that Dawn is always home.
12t11t2013@ 12:56 PM Successful.Phone Gontact - Dawn Marshall
phone contact was made with Dawn. Appointment was set to meet with Dawn at her home on 12112113 at 1 1:00 am.
1}t12l?013@02:00 PM Successful Face to Face Gontact - Dawn Marshall, Aadyan Marshall
Home visit was made to Dawn's home. Dawn allowed entrance into her home. Dawn verified her identity with her
Michigan driver license. The kitchen area of the home was cold. The living room of the house was blocked off by a
blanketandtherewasafireplaceinthelivingroo
DHS-154 (SWSS 1ol2007)
room. Photos were taken of the fire place and heaier and are in case file.
Dawn was read the allegations. Dawn said that she has applied for a SER at DHS. She said her electricity was
supposed to be turned on last night but it never was. She said her ES worker told her that her SER has been approved.
Djwn said ihey keep warm by the fire in the living room. The living room was warm and there was enough heat coming
from the fire. Dawn said everyone sleeps in the living with every blanket in the house
Dawn said that the kids are never left alone unsupervised. She said the day the allegations are.talking about her niece,
Kelly Neering, was here watching the kids. She said Kelly is nineteen. Dawn said she has Kelly's phone number for
worker to veiify that she was here but her phone is next door charging. Dawn said she will call worker with Kelly's
--phone numbei. Dawn said that the two little girls were her nieces and that Kelly was here before the kids got off ihe bus
if,ut Ouy. Dawn said she was at the DHS office that day trying to get her electricity figured out.
Dawn said that William is her house mate and will be here for two more months. Workel advised that during the
investigation she will have to meet with William. Sh€ said William's phone number is 734-306-101 1. Worker asked
about J Jerry living in the home. She said that he no longer lives here and that he is a liar and was telling lies about her
to everyone- She said ihat Jerry would tell the neighbor that she is stealing from them.
Dawn said that Gregory Marshall is the children's father and that he lives in Texas. She said that the children have
contact with him over tne phone. She said there was domestic violence between her and Gt"gory and that is why she
^-*^ !^ .ay City. She said she UdIIIU I,U D< is fi'om B.Ay City. She said that Gi'egoi'y calls hbr and v;ill tell her that he is going to
come to the school and take the children from her. She said that Gregory also has a lot of family in Bay City and he
'leils the children that family members are going to come take them from school. Dawn said this is why she keeps the
children home from schoolsome days because she is terrified. She said right now there is no FOC but she is working
on it and has contacted Bay County FOC. She said her and Gregory's divorce is almost final. She said that Gregory
always says he is coming tb get the kids but has never shown up. Dawn said that if he does show up she will call the
policb due to the domestJc violence in the past. Dawn said that she and the kids go to the Women's Center in Bay City.
She sees Becky and the children see Chris. Dawn signed a DHS 1555-CS for the Women's Center.
Dawn said that Aadyn lost his Medicaid and that is why he hasn't been taking his medications. She said she lost the
Medicaid during the government shut down. She said the medicaid has been turned back on. Dawn said that her
family doctor citteO ner and said that she will not prescribed her or Aadyn medication anymore because she is abusing
her medications. Dawn said that the doctorwanted her to take a blood test but she couldn't afford the $168.00 for the
test- Dawn said she is not abusinq her medications. Dawn agreed to take a 4rug_ scleel. Dawn s3id her doctor that
Stroebel'soffice.Dawnsigned1555-CSforDr,Stroebel.Dawnwasadvised
that she needs io find the children a pediatiician by the end of next week 12120113 to get Aadyn back on his medication.
Aadyn is prescribed Vyvanse 30 mg. The bottle was viewed and it was empty. It was last refilled on 10131113. Worker
said she will mail Dawh a list of pediatrician's today and she must find the children a doctor, she acknowledged.
Dawn said Ariel lives with her father and will not be coming back. She said that Ariel is abusive to the other children and
tells lies to her grandma and father. She said that Ariel is not welcome in her house. She said that Ariel is abusive and
verbally abusiv! to her children. She said that Ariel wants to discipline her children how she wants to. She said that
Ariel his taken her down physically.
Dawn said that she went up to the children's school yesterday and signed the IEP paperwork. She said that Anikin will
also be in speech therapy. She said she didn't have her phone turned on when the school was trying to reach her
because they have no electricity and her phone was dead.
Dawn said that before her electricity she was stocked up on food. She said that they cook food over the fire or the nexi
Joor neignnor lets them use tneir giilt. Dawn said that somehow they still have hot water. She said the kids bath every
day. Dairun showed worker the kitihen. She had plenty of food and can iiems that can be made over the fire. Dawn
also showed worker the working water and hot water. Dawn said she can go stay with her parents if they want to but
she wants to stay here. Dawn laid they also have a kerosene heater. She said she is always in the room when it is on
so she can supervise the kids.
Dawn went outside to get more wood for the fire. Aadyn was in the living room and was sitting by the fire. Aadyn was
clean and neat with nJsigns of abuse or neglect. Worker. asked him if he is warm enough at home. He said, "yeah, by
thefire.l,Aadynsaidihey"arewarmenoughltnightandneverwakeupfrombeingcold. Aadynsaidthattheyall sleep
in the living room.
DHS-.I54 (SWSS 10/2007)
MIa2nMA@ 02:58 PM successful Phone contact - Bay Area women's center
Phone contact was made with Becky from the Women's Center. Becky said that she has met with Dawn once on
9126113. She said that Dawn did have another appointment scheduled but could not make it. She said she had no
specific concerns for Dawn. She said that Dawn told her story and they made a safety plan and discussed health
relationships. She said that Dawn did express concern for the children and what they saw. Becky said the children
were supposed to meet with the children's advocate, Chris, but he no longer works here.
01lO712014@03:21 PM Successful Phone Contact - List Psychological
Phone contact was made with Ariel's counselor, Diane Chapin, from List psychological. Diane advised that she knows
Ariel has had some difficulty with her mom. She said she knows Ariel wants to seJ her siblings. Diane said she has no
indicationofanyconcernsforArielbeingathermother'shouse. ShesaidthatArielreportedthatshehasbrokenallties
with her mother and that is ali she has ever really said. She said her only concern is that she'has not seen Ariel since
12110113. Diane said she has no safety concerns for Ariel.
.10. DISPOSITIONALFINDINGS:
This case investigation does not support a preponderance of evidence that physical neglect and improper supervision
occurred during this case investigation
Dawnisihebiological motherofAva,Aadyn,AnikinandAriel. WilliamOveraritisisDawn'sroommate.
Gregory Marshall who lives in Texas is the father to Ava, Aadyn, and Anikin.
Hughey Robertson is the father to Ariel Robertson.
The allegations in this complaini alleged that last Tuesday, Ava was standing in the driveway with a child that was
younger than her. The other child does does reside in the house and the name of the other child is unknown. When
Ava was home aione with the younger child, Aadyn and Anikin arrived at the home. An aunt eventually arrived at the
home. At this time, it was reported that there were no heat services in the home, Today, it was reported there are no
fireplace. in the home. The famiiy is cooking meals over the fire. There is a heater in Bill's room, so the fimily sleeps in
Bill's room sometimes. The family also sleeps in the living room by the fire place. Aadyn often comes to school
without his ADHD medication. When Aadyn does not have his medication, he cannot sit still, he makes noises, disrupts
other students and cannot control himself. Dawn does not return phone calls or letters regarding the ADHD
medication. The children have issues with truancy. On Friday, Ava's hair was very messy and knotted. Ava needs to
be in special education classes, but Dawn will not return phone calls regarding Ava and the lEP"
The investigation revealed that Dawn did not have heat services or electricity in her home. The home did have hot
water. Dawn was heating the home with the fireplace and was cooking food over the fire. The living room was being
heated by the fire place in the living room and it was warm. Dawn did have the children stay with a neighbor until the
heat services were turned back on. Dawn's heat and electric services were restored on 12116113.
Dawn reported that the day the children were left alone her niece, Kelly Neering, was with the children. Several
unsuccessful attempts were made to contact Kelly Neering. Collateral contact was made with a neighbor arjd Dawn's
father, Don Neering. They did not report any concerns foithe children being left unsupervised. The children also
reported that their mom and William watch them. . l
Dawn said that she does not currently have a doctor for the children to get Aadyn's medication refilled. Dawn was
given a list of pediatrician's and doctors in Bay City. lt was also verified with Dawn's ES worker, Craig, that Dawn and
the children do have Medicaid. Dawn was encouraged tofind a doctorforthe children so thatAadyn can have his
medication for ADHD.
Dawn did go to the school and signed the IEP paperwork for Ava on 12116113
It was reported that the children have truancy issues. Dawn was advised that she must make sure the children are
DHS-154 (SWSS 10/2007) 17
attending schooi regularly.
There was a reported history of DV between Dawn and Greg when living in Texas to which Dawn is aware of services
at the Women's Center in Bay City. She did receive services back in September through the Women's Center. Dawn
remains concerned about Greg coming to Michigan to get the children and paperwork provided by Greg appears to
indicate that he was granted care of thechildren out of Texas.
Concerns were address for alcohol use by Dawn during the case investigation, and she denied abusing alcohol. A
drug screen was done and it was negative for drugs and alcohol during the case.
This case will be denied as a Category lV, high risk. No one will be placed on Central Registry. The home did not
have electricty when the case started but it was resolved shortly with SER assistance and True North Assistance. The
power was resorted. The home was warm at that time as the family was using the fire place with wood burning to heat
the living area of the home. This did provide enough heat to stay warm. Neighbors were also assisting with child care
to ensure the children were safe. School attendance was discussed with Dawn and information about local
pediatrician's and doctor were shared with Dawn. There were no identified safety concerns at this time which would
require rernoval of the children from Dawn's care.
DHS 1450 and DHS Pub 137 were given.
n-...- r:r -^r -^-^r --,. ^i^r',,^
udwr uru A*^-;^^- u^-;r^^^ t^- h^.^^t{ --.l r rur. rupur r. dr ry r\dr.rve /-1r rEruor r 'erita$e foi- herself and the children.
WORKER SIGNATURE AND DATE
Disposition Date
SUPERVISOR SIGNATURE AND DATE
Disposition Review Date
01t07t2014
01t1712014
CONFIDENTIAL
"The confidentiality of information in this document is protected by the Michigan Ghild Protection Law. Anyone who
violates this.protection is guilty of a misdemeanor and is civilly liable for damages. (Act |tlo.?3j, Public Acts of 1975,
@wiilnotdiscriminateagainstanyindividualorgroupbecauseofrace,sex,religion,age,'nationalorigin,color,height,
weight, marital status, political beliefs ordisability. lf you need helpwith reading, wriiing, hearing, etc., underthe Americanswith DisabilitiesAct, you are
invited to make vour needs known to a DHS offlce in your area.
DHS-154 (SWSS 1ol2007)
F
04122114 5:29 PM
CHILDREN PROTECTIVE SERVICES
Log lD: 3251711
Case Name: Marshall, Dawn
Case#: X1700920P
socrAL woRKGONTAGTS:
ail16t2014 @10:28 AM Successful Face to Face Gontact - case confglence
Case Conference held between CPS worker, Amanda Smock and CPS supervisor, Mark Jordan.
Discussed the cunent-ease status and current case disposition. Case su'pervisory toolwas utilized
during the conference.
Case was denied. Power in home is back on.
abcut a r::cnth ago.
Ariel was in the dining room. Ariel was clean, neat and was dressed appropriately for the weather. Ariel said her dad
does not keep her from going to her mom'S house. Ariel said that she doesn'i like to go to her mom's house because
she is not mentally stable. She said she has concerns for the younger children missing school a lot. She said she feels
the kids are safe with Dawn.
Hughey said his goal is to protect Ariel. He said he wants Ariel to have a good relationship with her mother. Hughey
saiO tfre last time he saw the younger children was in the summer. He said he does have phone contact with the kids-
He said he doesn't trust Dawn and that she needs help and is very angry.
Hughey was asked protocol questions. He said there is FOC involvement with Dawn concerning Ariel. He denied prior
Cpb nistory, being abused/neglected as a child, living outside of Bay county, psychiatric history, criminal history,
domestic violence, substance abuse, financial difficulties, mental health issues for Ariel and Native American Heritage.
Ariel sees Dr. Skelsy in Saginaw. He has social support from his family. He disciplines Ariel by ialking with her and
love. Hughes completed high school and is employed at Door Associates.
Hugheywas given a DHS 1450, DHS Pub 137 and a listof resources in Bay County.
jziia.lafi@ i0:25 AM Unsuceessfui Phone coniaci - Dawn luiai'shall
Attemptdd phone contact was made with Dawn. Message was left asking for a return phone call.
12t2012013@02:32 PM Successful Phone contact - Dawn Marshall
phone contit was made with Dawn. Dawn advised that she is may still go sign her rights off to Ariel because she
wants them out of her life. Dawn said lhal Huqhev keeps Arielfrom her and tells herthat she cannot see Ariel until she
signs off her rights and takes care of the child support. Dawn said thal Huqhev is manipulative.
Dawn said that she does not feel she has a problem with alcohol and knows she has to stay away from it. Dawn did not
sound drunk or incoherent during this phone conversation. Dawn said she attends co dependency classes at the
presbyterian Church on Euclid. Dawn put William on the phone. William said that Dawn does not drink often and may
have i drink once in a while. Dawn came back on the phone. Dawn said that she can't believe Huqhev make those
accusations. Dawn said that Huqhey accused her of drinkinq the other dav and when he said that she iust hung uP t!'re
phone. Dawn said that she feels she is doing good and knows the twelve steps and knows that she can't be around it or
have just one drink. Dawn said she has noot<Jtnat she reads that help her. Dawn said that does not feel she needs to
do a iubstance abuse assessment and feels she is doing fine on her own. Dawn was advised that she is to not drink
around the children, she said she she does not do that:
Dawn said lhal Huqhevalways accuses her of being crazy. Dawn said he can be very manipulative.
Dawn said that everything else is going good. Dawn said that she is still working with F9.kV from the Women's Center
and that she is benefiting from it. Dawn was encouraged to continue working with the Women's Center.
1212312013@09:34 AM Unsuccessful Phone Contact - List Psychological
Attempted plon" contact was made with Ariel's counselor at List, Diane Chapin Message was left asking for a return
phone call.
12t27t2013@09:31 AM Unsuccessful Phone Contact - Bay Area Women's Center
Attempted phone contact was made with Becky from the Bay Area Women's Center. Message was left asking for a
return phone call.
1212712013@11:03 AM Unsuccessful Phone Gontact. - Ke]l.V Neering .
Attempted plon" contact was made with Dawn's niece, Kelly Neering. Message was left asking for a return phone call.
DHS-154 (SWSS 10/2007) 16
12118120'13@ 02:25 PM Successful Phone Gontact - Dawn Marshall
Phone contact was made with Dawn. Dawn said that Ariel's father, Hubert Robetson contacted her and told her that if
she signs off her legal rights to Ariel that his meeting with CPS will go well. Dawn asked worker if she should do this.
Worker advised Dawn that she cannot give lier any advice but that she does not have to sign off his rights for the
meeting to go well and that if CPS has questions worker will contact her. Dawn said Hubert is trying to manipulate her.
Dawn said fhat Hubert refuses Ariel to come there. She said she has tried calling her daughter multiple times with no
success. She said Ariel was over here about a month ago and was accompanied by law enforcement. She said that
Ariel wants to discipline her younger children.
-/
DZwn said that the kids did miss school yesterday and were late today. She said that she received automated
messages from the school stating that it was a snow day. Dawn said it is probably her ex husband messing with her.
Worker advised Dawn to contact the school the next time she receives a phone call like that and clarify it with the
school.
Dawn said she wishes she knew what she did wrong with Ariel. Dawn said she tried to be a good mom.
Dawn said that she does not feel she has a problem with alcohol use and knows she cannot be around it. Dawn was
advised that her drug screen came back negative. Dawn was advised to not drink around the children. Dawn said she
knows that. Dawn was advised that if she does drink the children need to be supervised by another adult who is not
drinking,.she said she knows thai.
Dawn was also advised that the children must not be unsupervised. Dawn said the children were not unsupervided. . Worker advised her of this for the future.
DaWn said that she is not going to sign off her rights to Ariel.
Dawn said that she tried calling all of the pediatricians on the list worker gave her. Worker said she will send her a list
of family doctors. Dawn said worker can send it to William's e-mail address at woveraitis@gmail.com.
Worker advised Dawn that her and the children all have Medicaid. Worker advised Dawn to contact her ES worker to
notify him that her electr:icity has been turned back on, she acknowledged.
12l18/2013@ 02:56 PM Successful Documentation Contact - Dr. Struble
medications
1211812013@ 03:08 PM Successful Email Contact - William Overaitis
A list of doctors in Bay City was e-mailed to Dawn at William's e-mail address. Copy of sent e-mail is in case file.
12t1gt2013@09:44 AM Successful Face to Face Contact - Case Conference
Case conference held between CPS worker, Amanda Smock and CPS supervisor, Mark Jordan. Discussed the case
disposition, status and services, Case supervisory tool was utilized during the meeting.
Power was off at the home but was turned back on.
12t20t2013@09:40 AM Successful Face to Face Contact - Ariel Robertson, Hughey Robertson
Home visit was made to Hughey's home. Hughey verified his identity and was read the allegations. Hughey said that
the last time Arielwas at Dawn's the cops were called.. He said Arielwanted to see the kids. He said he is really close
with the younger children. He said Ariei went to Dawn's home to see the kids and the police were called. Hughey does
not know wtry tfre police were called. Hughey said that Ariel visited with the children for about an hour that day. He
said Dawn has a bunch of problems with CPS in Texas. He said he had to go to Texas to get the kids because they
had two days to get out of their house. He said when Ariel was with Dawn they moved multiple times and Ariel was in
multiple schools.- He said Dawn is mentally abusing Ariel. He said Dawn is harassing Ariel and is telling her that Ariel
doesn't love her. He said Dawn is trying to guilt trip Ariel. He said Dawn is supposed to sign over full custody of Ariel
today. He said Dawn knows its the best things to do and that she is unstable. He said that Dawn drinks a lot. He said
Dawn was intoxicated the last tlme he talked to her a couple days a go. He said the last time Ariel was at Dawn's was
DHS-154 (SWSS 10/2007) lc
Copy of letier is in case file.
12t1212013@04:14 PM Successful Phone Contact - Dawn Marshall
Phone contact was made with Dawn. Dawn said that Kelly phone number is 989-415-6465.
12fi212013@ 05:05 PM Successful Phone Gontact - Dawn Marshall
CPS supervisor, Mark Jordan and Amanda Smock, CPS worker contacted Ms. Marshall via speaker phone about the
concerns regarding hei electric and gas shut off at her home and the concerns for the children have a warm place to
sleep.
Ms. Marshall shared that her boyfriend was working on turnjng it back on and the children were at the neighbors
currently where they were going to miost likely be spending the night. Ms. Marshall shared that Consumer's would be
coming out in the morning she thought.
1211212013@05:15 PM Successful Phone Contact - Kevin Wyzkiewic
hL^J.i.lw,- t ^^r^l,.,^-l-^- ^^l ^,,+ L^- ^^i^!.t ^- t/^.,i^ lA/,nl.iatuiaz nn tha nhnna Llarrin odrricad fhaf tha nhildron rrrill ha ludlluu wut^tr,l dilu put ilEt ilElgiluur , r\evilt !!_I:4!J9J!JP2. urr Ure yrrvrru. r\evilr qvvrrv
staying with him. He said his phonJnumber is 989-493-9025 and DOB is B-B-'1967.
12113120'13@ 10:30 AM Successful Faceto Face Gontact - ES Worker, Craig Schafer
CPS supervisor, Mark Jordan met with Craig Shaffer ES worker for Ms. Marshall. Mr" Shaffer shared that he processed
the SER and DHS will pay a portion of her shut off however, she has a balance of over $400 she will need to pay first.
Craig shared that he left a message for Ms. Marshall this morning to let her know about True North and possibly them
assisting with her balance owed so she can get her electric and gas turned back on at her residence.
'12t13t2013@01:30 PM Successful Phone Contact - Katie Phelps
Voicemailwls received from Katie Phelps stating that mom came into the school today and advised that her power has
been turned back on. Katie advised Dawn is being more cooperative.
12l16tz|"t3(@Uu:u1 AIvl successrul uocuE-9ry!1lieng. - -i--
1211612013@08:59 AM Unsuccessful Phone Gontact - Dawn Marshall
Attempted phone contact was made wiih Dawn. Phone has been shut off.
12t1612013@ 09:12 AM UnsuccessfulPhone Contact - Kelly Neering
DHS-1s4 (SWSS 10/2007)
one contact was made with Dawn's niece, K no. Mes was left a for a return ne call
12t1612013@ 09:37 AM Successful Phone Contact - Texas Department of Family and
Phone contact was lnade with Nellie at Texas Department of Family Proteciive Services.
fax over request of records to Out of State Searches at 1-800-647-7410.
Protective Services
It was advised for worker to
12t16t2013@ 09:59 AM Successful Documentation Contact - Texas Department of Family and Protective Services
Request foriecord for Dawn Marshall was faxed to Out of state searches at Texas Department of Protective Services.
Copy of request is in case file.
12'16PA1.@- 10:22,AM Successfu! Phone Contact - Consumer's Energy
Phone contact was made with Megan at Consumerls Energy. Megan verified that the power has been turned back on
at Dawn's address.
12t1612013@ 12:02 PMsuccessful Documentation Contact - Forensic Fluids
Dawn's forensic fluid was received. Dawn was negative across all panels.
Worker asked this screen to be screened for alcohol. The results say that client does not receive special requests.
12116t2013@01:30 PM Successful Phone Contact = Texas Department of Family and Protective Services
Phone contact was made with Tammy from Texas Department of Protective Services. Tammy advised that Dawn and
Greg Marshall had a case that closed on 1125113 in Bexar County. lt was qdvised that there was reason to believe the
that Greg physically abused the children but there was not a finding for this allegation. The family received family
preservation services for one month.
Tammy advised that a hard copy will be faxed but does not know how long that will take. She said the call id for this
phone call is 64294120.
1211612013@02:15 PM Successful Face to Face Contact - Dawn Marshall, William Overaitis
UnannouncJd visit was made to Dawn's home. Dawn allowed entrance into the home. Dawn was asked why the
children are not in school today. Dawn said they are in school. The kids were not at the house. The home did have the
power turned back on and the home was warm. Dawn said ihe power came back on Friday afternoon around 2:00 or
b:00 pm. Dawn said that she got assistance from True North to help with her balance. Dawn's roommate, William
Overatis, was horne. William advised that Consumer's told him they can't turn the power off again because he is over
age 65 and is a Veteran.
William verified his identity with his Michigan driver license. William said he has no concerns for the children. He said
he has no concerns for the children being left alone unsupervised. He said if Dawn isn't here he is here. Dawn said
that if for some reason they both aren't home the kids know to go over to the neighbor's house. The neighbors's name
is Bere and her phone number is 989-493-9035.
Dawn said that Greg's phone number She said that children have phone contact with their father
She said she has been in Michigan sinc#E6?Gry anO that was the last time they have seen their father. Dawn said
that CpS in Texas told Greg to leave the home. She said that that her CPS history in Texas concerns Ariel babysitting
the other children and was iold that Ariet cannot be babysitting. She said that her and Greg were found to be not
supervising the children appropriately due to the domestic violence and that she could of been the one in trouble if she
DHS-154(SWSS 10l2oo7) tz
didn't have Greg ieave. She said there was also physical abuse concerning Ava but Ava did not tell anyone about it.
She said that Ava iold her that Greg hit her with a rake.
Dawn was advised to find a doctor for the children as sbon as possible to get them back on their medication, she
acknowledged, Worker said that she mailed Dawn a list of pediatrician's and that if she does not get it in the mail by
tomorrow to let worker know. Dawn said that she is not sure if she has Medicaid for the children or not.
Dawn said she is still afraid that her husband will come anytime go get the children. Worker advised that if he comes
and if she feels threatened to call the police, she acknowledged. Worker advised Dawn that the children need to be
attending school regularly, she acknowledged.
12t1712013@ 09:01 AM Successful Email Contact - ES Worker, Craig Schafer
ES worker, draig Schafer, advised that Dawn and the children all have Medicaid. Copy of e-mail is in case file.
12t1712013@ 09:10 AM Successful Phone Gontact - Bere Wyzkiewic
phone contact was made with Dawn's neighbor, Bere Wvzkiewic. Bere advised that Dawn has never asked her to
watch her children that she knows of. She said Dawn is always home because she doesn't have a job or a car and the
kids are never left alone. Bere said she has no concerns for the children that she knows of. She said Dawn's daughtei
vri|lcomeandp!a;,withherdaughtersometimes.
12t17t2013@09:47 AM Successful Phone Contact - Gregory Marshall
phone contit was made with Gregory. Gregory advised that he has a lot of concerns for the children being in Dawn's
care. He said that he has a court order in the State of Texas saying that his kids are to be turned over. He said he has
been trfing to negotiate this with Dawn but has been unsuccessful. He said he was told by Bay County EOtl to come
getthechildren.HesaidMerryLeefromBayCountyFoCtoldhimtodothisandherphohenumberi"ffi
Effi He said he has a copy of this order and will e-mail it io worker.
He said he has concerns forthe children being lefi alone. He said its complicated. He said that he is a survivor of
domestic violence and that his wife has exhibited violence towards him. He said Dawn's drinking gets out of hand and
thafshe can be threatening and abusive. He said Dawn is also living in the home with men he does not know. He said
this is the third school system the kids have been in and they have a lot of tardies and absences. He said he has not
n stnce Fe year due to the worKer.
Gregory was asked protocol questions. He said him and Dawn have FOC involvement out of Bexar County. He denied
neirig a"bused/neglected as a child, psychiatric history, criminal history, substance abuse and Native American Heritage
for himself and the.children. He said for discipline he used times outs and did not use physical discipline on the
children. He said he has lived in Livingston iounty, Ml, Denton County TX, EPIAI County TX and Bay County, Ml wiih
thechildren. Hehashismaster'sdegieeandiscurrenttyself'employed. Hesaidheishopingtogetaparttimejob
soon. He said Aadvn has ADHD andlhere are concern sfor Anikin having ADHD and Ava having ADD.
He said there was a CpS investigation in Texas that has been resolved and closed. He said CPS asked him to leave
the home and he cooperated. Ue tnen said that he filed for divorce and Dawn did not show up to the custody hearing
and he was granted full custodY.
1211712013@10:04 AM Unsuccessful Phone Gontact - Qay County FOC, Merry Lee
Attempted plon" contact was made with Bay County FoC woiker, Merry Lee. Merry is oui of the office unlil 12118113.
Worker will call back tomorrow.
12t'1712013@10:08 AM Successful Phonacontact - Forensic Fluids
Contact walmade with Forensic Fluids. lt was advised that Forensic Fluids has been talking with supervisors at Bay
"ouniy "nO
special requests have been on hold. lt was advised that this sample can be tested for alcohol and the
results will be faxed.
12117t2013@10:24 AM Successful Documentation Contact - Gregory Marshall
1450 and DHS Pub 137 was mailed to Grego
oHs-rs+ lswSs trilzooz;
1211712013@ 10:38 AM Successful Email Gontact - Gregory Marshall
Gregory e-mailed werker copy of the Final Decree of Divorce. Copy of record is in case file.
It is ordered that that Gregory Marshall is appointed sole managing conservator and Dawn Neerinq is appointed
possessory conservator of the following children: Aad:tn Marshall, Aya Marshall and Anikin Marshall.
12t17t2013@10:44 AM Successful Phone Gontact - Friend of Court, Mike C.
Phone contact was made with FOC worker, Mike. Mike advised that it appears that this is a divorce case but was never
filed here and will likely be dismissed. He said that Gregory was advised to contact the police if the needs assistance if
he comes to Michigan to get the children. Mike said Michigan has no jurisdiction over these children. Mike said that if
Gregory wanted to come get the children, he can.
12117t2013@ 11:32 AM Unsuccessful Phone Contact - Dawn Marshall
Attempted phone contact was made with Dawn. Message was left asking for a return phone cali.
'l1l4al'rn4L/A 4r'n4 DnI Qrrnnaccfrrl hnnrrmaniafinn llnnfrnl - Fnrancin Flrridc
Dawn's forensic fluid screen for alcoholwas received. Dawn was negative for alcohol.
1211812013@ 10:09 AM Unsuccessful Phone Contact - lJawn Marshall
Attempted phone contact was made with Dawn. Message was left asking for a return phone call.
1211812013@ 14:09 AM Unsuccessful Phone Gontact - Bay County FOC, Merry Lee
Attempted phone contact was,made with Merry Lee. Message was left asking for a return phone call. .
1211812013@ 11:19 AM Unsuccessful Phone Contact - Bay Area Women's Center
Attempted phone contact was made with Becky at the Bay Area Women's Center. Message was left asking for a return
phone call.
12t'1812013@ 11:44 AM Successful Phone Contact - Friend of Court
Friend of Court returned phone call. It was advised that a complaint was received for divorce that mom filed on 1)lgl13,
nothing else has been done on this case. lt was advised that a final decree of divorce was received from EgrcI County
on 1114113 and that it awards the kids to Gregory. The decree gives mom part time visitation. lt was advised that it
looks like mom is a flight risk and is not allowed to leave the state of Texas. Mom cannot drink alcohol and has to
qompleted domestic violence classes. lt was advised that it is not sure if Bay County would assume jurisdiction since
the parties are already divorced out of Texas. lt was advised that mom's case will likely be dismissed.
1211812013@ 01:40 PM UnsuccessfulPhone Contact - Kelly Neering
Attempted phone contact was made with Dawn's niece, Kelly Neerinq. Message was left asking for a return phone call.
DHS-'I 54 (SWSS 10/2007)
Dawn was given a list of resources in Bay County. Dawn was also given information for 2-1-1. Dawn inquired about in
home counieling for the children to help Aaydn and Anikin with their ADHD and Ava with her ADD. She was given
information to contact Access Alliance.
Dawn was also given a DHS 1450 and DHS Pub'137.
Dawn was asked protocol questions. Dawn has FOC with Gregory out of Bay County. Dawn said she has prior CPS
involvement from Bexar County TX due to the domestic violence between her and Gregory. Dawn said she requested
the records and will makb.wortiers copies when she gets them. Dawn had an extra copy of the handwritten report from
her worker in Texas. The copy of this record is in case file.
Dawn was abused by hei father when she was younger but did not elaborate on details. She receives food and
Medicaid assistance. She has lived in Bexar County TX and Bay City with the children. She hds her associate's degree
and sells arts and crafts for income. She has applied for SSI and is waiting to hear back.
Dawn has been diagnosed with depression and is prescribed Sertraline 100 mg, Dexmethyphenidate 10 mg, Trazodone
50 mg and and Klonopin. Dawn said ihe is trying to find a new doctor. Dawn's.prescription bottles were viewed and
theyrirere all empty. bhe said her Medicaid his been turned back on. She was encouraged io find a doctor so she can
get refills on her medications. Ava has ADD and Aadyn and Anikin havd ADHD
Dawn cienied having any criminal. history ancl substance abuse. Dawn said she cloes drink at tinres bui does not feei it
is problem because shsis 44 years oTd. She said there was domestic violence between her and Gregory and that is
why she moved back to Michigan,
Dawn said she is having financial difficulties and she was given information for 2-1-1. Dawn uses time outs and raises
her voice for discipline. Dawn has social support from her family and neighbors. Dawn denied Native American
Heritage for herself and the children.
12112t2013@ 04:00 PM Successful Letter contact . Dawn Marshall
A Iist of pediatrician's in Bay City was mailed to Dawn. A copy of the list mailed is in case file. A letterwas also mailed
to Dawn, the letter stated:
t2/r2/13
Dawn,
Attached is a list of pediatrician's in Bay City. Please callthe doctor's on the list and find the children a
pediatrician and schedule them an appointment by the end of next week (I212-0/tE) as we discussed on
12/12/13. Please contact me if you have any questions'
Thank you,
Amanda Smock
Child ren's Protective Services
989-545-9297

Judy Mata, CSR, Official Court Reporter, 438th District court
100 Dolorosa, 4th F1oor, San Antonio, Texas 78205 210.335.1531
COURT REPORTER'S CERTIFICATE
THE STATE OF TEXAS
COUNTY OF BEXAR
lt Judy L. Mata, Official Court Reporter for the 438th District court of Bexar County, state of Texas, do hereby certlfy that the above and foregoing contains a true and correct transcription of a1l portions of evidence proceedings and other reguested in writing by counsel for the parties
to be included in this volume of the Reporter,s Record, in the above-styred and numbered cause, all of which occurred in
open court or i_n chambers and were reported by me.
r further certify that this Reporter's Record of the proceedings truly and correctly reflects the exhibits, Lf
dny, admitted, tendered in an offer of proof or offered into
evidence.
I further certify that the total
preparatlon of this Reporter's Record
the Respondent.
cost for the
is $175 and was paid by
WTTNESS MY OFFTCIAL HAND this the 17th day of December,
20L6.
Expirat.ion Date: 12/3I/2A71
Official Court Reporter,
43Bth District Court, Bexar County
100 Dolorosa, 4i-h Floor
San Antonio, Texas 78205
210.33s.1s31
, Texas CSR 137
57
\,
1
)
3
4
5
6

l1:51AM
1 T . ql rM
Can you just shoot her an e-mail?
UR. *9?.5I: Yes, Your Honor, I wilf .
Tm cauRT: okay. Great.
So if there's nothing further, werre going
to adjourn and go off the record. Any other questions before
we go off?
l{R- I@iRSI: Nothing further, Your Honor.
Tffi COllRt: Okay. Thank you al_l very much
for being here. Good luck to everyone. We,re adjourned.
(At ,.7:57 a..m. &e proceerti,ngrs lrere concluded.)
Judy Mata, CSR, Official
1-00 Dolorosa, 4th Floor,
Court Reporter, 438th District Court
San Antonio, Texas 78205 210.335,1531
56
1
Judy Mata, CSR, Official
l-00 Dolorosa, 4th Floor,
Court Reporter, 438th District Court
San Antonio, Texas 78205 210.335.1531
only good for six months.
MR. ABAIIAKIA: Yeah, f think lt's six months
or a year or somethinq. f know that they -- because they
want to make sure they have updated j-nformation.
Tffi COURT: So do you thlnk you might have
that order ready, Mr. Morsi, bv like next Wednesday?
ItR. MORSI: I will have it ready next
Wednesday.
As you can see here Mr. Morsi told the judge he would have new orders ready for visitation and Mr. Morsi never did what he told the judge what he would do.
lffi CQURT: Great. Thank you.
That way you can get a copy of the order
and both of you can take i-t to the Center for Family
Relations.
AS. NEERING: I was trying to use the
district clerk's website to grab the order. I was having
trouble --
Tffi COTIRT: Well, you can do that. You can
just go down there if you donrt know how to get it. They'll
charge you for each page, but you -- but this order Mr. Morsi
is going to prepare will be good to get you in there.
MS. NEERII{G: So do f get it from the
e-file system?
TEE COURT: Oh, he'll- give you a copy.
Does he have your e-maif or stuff like that?
MS. NEERING: He has my e-maj-1, yes.
Tffi COIIRT: He has your e-mail?
55
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Judy Mata, CSR, Official
100 Dolorosa, 4th Floor,
Court Reporter, 438th District Court
San Antonio, Texas ]8205 210.335.1531
MR. I,!ARSiHALL.' Perfect .
Tffi COTIRT: Would that work for you, ma'am?
MS. NEERING: Yes.
Tffi COTIRT: Okay. Can you say in your
order we're going to substitute Saturday instead of Monday,
so that the children can be there wlthout missing school?
MR. I,IORSI: Yes, Your Honor.
Tnr: COURT: And then maybe once Mr. Morsi
gets me the order, she can take that so they can see --
MR. ABIAIiIAI(A: T saw starting at 4: 00. I
think the way they need it is they need like two-hour blocks.
So I think they're going to need it to be tike from 4 to 5 or
like 9 to I!, if I remember correctly- I think they
typically do things j-n two-hour blocks.
MR. IARSHALL.' And my conversation with the
center is I am very flexibl-e, and the idea is that mom does
get to vislt with the kids. So whatever makes sense for her
and the children f'm very happy to comply.
TEE COTIRT: And I think, you know, we qot
off on a bad start because somehow momf s complaints got
publ-ished to people that really didn't need to be involved.
And so --
MR. IIARS:EALL.' The other -- Irm sorry,
ma t am. The other thing is I think the center is going to
require us to do intakes aqain. During mine they said it was
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Judy Mata,
100 Dolorosa
CSR, Official
, AiJn Floor,
Court Reporter, 4
San Antonio, Texas
38th District Court
7820s 210.335.1531
TIIE COURT: So I guess we need an order
reflecting what f've decided today, that Irm taking it under
advisement, that f would like to have some compliance with
the divorce decree and with the temporary lnjunction. Okay?
And that we will be coming back June 3rd.
MR. MARSI: I'11 prepare the order.
THE COURT: A11 right. Great.
Tffi COTIRT:
doesn't need anybody -*
So I guess that's
being here.
that it?
it. So she
UR. ABATIAICiA: I checked the order and it
said that it's supposed to be every Monday at 4:00. I
thought that I s all- you needed for them, because really the
temporary orders thatrs right there, that said nothing has
been done. You already have a final- order. f would take a
certified copy of that order to the place. ft looks like
shers already done the intake provision.
Tffi COURT: Yeah. And he has too, I guess.
MR. Y&RS.EALL.' Two things, Judge: Our son
is now in middle school and he does not get out of school
until like 3:45. So getting him from North I-10 and De
Zavala to the Center for Family Relations by 4:00 is
TEE COURT: So how about Saturday, would
that work?
Thank you, Jamesr so much for
MR. ABAIIAICA: No problem. Is
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Judy Mata, CSR, Official
100 Dolorosa, 4th Floor,
Court Reporter, 438th District Court
San AnLonio, Texas 78245 210.335.1531
And Ms. Neering, please do not attack
Mr. Morsi. Okay? Donrt complain about him, don't criticize
him. He's just doing his job.
MS. NEERING: Can I ask you somethj-ng in
private ?
Tffi COURT: No. Here, this is 1t.
MS. NEERING: Okay. My story of what I've
been through has been picked up by CNN.
Tffi COURT: Oh, wel-I, f don't have anything
to do with that. But from here on out, okay, don't be qoing
to Channel 4 or, you know -- I mean, quite frankly, I don't
see violations at thls point. But f sorl of stopped thj-s in
the middle of the hearing. So he does have a temporary
injunction that you're not to be calIing, making hang-up
calls, donrt be callinq and, you know, saying anything
obscene or all that stuff. A11 right?
MS. NEERING: (Nodded head affi-rmati-ve1y. )
Tffi COURT: Okay. And then you are to
continue. And when you come back in 90 days, can you bring
me a little something from your counselor showinq that youtve
been continuing to go?
MS. NEERING: Okay.
Tffi COURT: Okay. f'd really appreciate
that. Great.
25 MS. NEERING: Okay.
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Judy Mata, CSR, Official
100 Dol-orosa, 4th F1oor,
Court Reporter, 438th District Court
San Antoni-o, Texas 78205 210.335.1531
hearing, except for what she I l-1 receive today?
Tffi COORT: Do you $rant something 1n
writinq?
}/S. NEERING: No.
Tffi COURT: Okay. You will write it down
Lhat yourre going to be back here June 3rd?
Tffi COURT: And you're going to find out --
my clerk is going to give you the time. Okay?
MS. NEERING: Okay.
Tffi CQtiRT: So I'm going to give you back
your pleadinqs, Counsel. I think *- wel-l, you want me to
hold on to the exhi-bits, right?
MR. MOF-SI: To the exhibits, y€s, Your
Honor -
Tffi COURT: Al1 right.
AR. $ORSI: I think that the decree was a
pleadlnq, which --
Tffi COURT: This is Mr. MarshalJ-'s, right?
MR. *ARSEALL: Yes. Thank you, maram.
UR. II@.RSI: The decree was a pleading in
the record. T donft know if you want to keep that or not. I
didn't mark it as an exhibit.
TEE COTIRT: Itrs okay. I already saw what
I needed to see.
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100 Dolorosa, 4t'hr F1oor,
Court Reporter, 4
San Antonio, Texas
38th Districl Court
lB2A5 210.33s.1s31
MS..![4EFLMG; Okay.
Tffi COIIRT: So you're goi_ng to be on your
best behavior, right? Okay.
US. llEERIlrG.' (Nodded head affirmatively. )
Tffi COURT: Yes, sir?
MR. MOllSI: Thank you, Your Honor. So
yourll be takj-ng this under advisement and we can leave the
exhibits with the court reporter, should you need to hear j_t
ag'ain. Do we have permission to set, if necessary, a hearing
for your ruling before you, instead of in presiding?
Tnn COURT: Yes. I think maybe we want to
set a compliance hearing. ft's March. How about in 90 days,
does that sound good?
AR. MOP*SI: Sounds perfecl, Your Honor.
TEE COART: And then you come back and I
lrant to know how things are going. I want to hear that your
chil-dren are enjoying seeing you, that they're happy and that
everything is going along in their best interest. Okay?
MR. MOllSI: So that woul-d be June 3rd, Your
Honor, so \^/e can make sure that everyone has notice today?
Tffi COURT: If you will just check with my
clerk and make sure that that day I'm going to be here and
that it's not conflicting with another heari-ng.
MR. I,IORSI: And we don I t need to give any
further nolice to Ms. Neerj-ng concerning this compliance
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100 Dolorosa
CSR, Official
, 4th Floor,
Court Reporter, 4
San Antonio, Texas
38th District Court
78205 210.33s.1531
MS. NEERI,NG: No. It wouldnrt do any good.
Why would I do that?
TIIE COURT: Okay. I want to be sure werre
on the same page. Atl right?
l4S. NEERING: Il wouldn't help anything.
TIIE COURT: I don't want you to be
contacting dad in any form or fashion. Don't call him.
Maybe you all ought to sign up for the Family Wizard if you
need to contact each other.
MS. ![4ER.fl{6: I would like to know where
they go to school and have the opportunity to communicate
with their teachers and their princi-pal and be a part of that
as we11.
Tffi COIJRT: You need to get a lawyer for
that.
MS. l\ltERtltc.' Okay.
Tffi COllRl: I can't do anything about
I'm not going to change the order. I just want the order at
least enforced the way it is. I want you to stop harasslng
dad.
MS. liItERf![G: It was f haven't called.
It was this was a Year ago.
Tffi COTJRT: A11 right. So I'm qoing to
hold off on my ruling on this temporary iniunction motion for
enforcement. I want to see how things turn out. Okay?
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Judy Mata, CSR, Official
1-00 Dolorosa, 4th Floor,
Court Reporter, 438th District Court
San Antoni-o, Texas 78205 210.335.1531
I
MS. lI4ERIlfG.' I wouldnrt do that.
TIIE COIIRT: Okay. I just need to warn you
because I don't want you to give up --
MS. l{tERflI6: No, we discussed it in the
int.ake process.
Tl{E COURT: Okay. Great. So I'm going to
hold off --
MR. IIARS&ALL: Judgie, one of the requests I
had made, and I know it's oulside of this hearing, was to
meet wlt,h a family counselor at KidShare to ensure that the
visits would go smooth wlth the kids and answering some of
their questions in regards to the last two years. And then,
upon the counselor I s recornmendation, then move into the
supervised visits.
Tnz COURT: No, sir. I don't want t.o delay
it any more- f want it to start immedlatel-y. Okay?
But mom, you ' re also telling me that when
you start seeing your children, that any anger that you have
felt, dny sadness that you have felt, You're going to put it
aside, ri-ght?
tts. IIEERI'I{G: Yeah. It has nothing to do
with them.
Tffi COURT: A11 right. You're not going to
call dad and say, you know, you've been such a jerk because I
haven't been able to see my kids' right?
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Judy Mata, CSR, Official-
100 Dolorosa, 4th F1oor,
Court Reporter, 43Bth District Court
San Antonio, Texas 78205 210.335.1531 i
counseling at this time?
MS. NEERZNG: yes. Through the Family
Services Association.
TEE COART: Okay. How often do you go for
that ?
MS. I\IEERMG,- Once every two weeks .
Tffi COTIRT: And who is your therapist?
MS. NEER"ING: His name is fsaac.
THn COART: Isaac?
MR. IUfARSIIALL; If m sorry, I can't hear
either.
Tffi COURT: All right. fsaac. So I want
you to continue to do that. f want you to give them a copy
of your divorce decree. r want that enforced. r want you to
visit with the chifdren not because ilm doing you any favors,
but because I think your children need to see you. Okay?
MS. NEERING: I think so too.
Tffi COURT: f think it's in their best
interest -
MS. NEERING: And I've been trying.
Tffi COART: And this place is a very safe
place. Now, if you start saying anything bad about how you
are upset because you haven't been able to see your children
and dad is a jerk, they're not going to 1et you continue.
They're going to cut your visit short. Okay?
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and all that kind of stuff?
l4S. NEERING: Yes.
MR. AB,AtrIAI{A: So it should correspond with
whatfs in t,hat orderr ds far as when the visit is.
Typically, and I could be wrong, and I apologize if I am, but
I thought this was for when there weren't temporary orders or
there werenrt already orders in place that stated for
supervised visitation, then they needed this. Because this
is what actually says supervised visitations for when you're
doing temporary orders.
If there's already orders i-n there that
says supervised visitation, that says a place/ I thought the
next point would be to just go to that pl-ace and give them a
certified copy of the order. And then both mom and dad have
to fill out the intake provisions, set up whoever is supposed
to be responsible for paylng, make sure that they pay the
facility and that they will be there to facilitate at the
designated time stated in the order that visltation is
supposed to be, as long as there is someone there who can
supervise it.
Tffi COIIRT: Okay. So that sounds like
that's correct. I just have never done the process. This is
sort of new since Irve been on the bench, so I wanted to be
sure. Because there's some concerns about momfs reactions
and I think that -- are you having any kind of therapy or
Judy Mata, CSR, Official
100 Dolorosa, 4f-hr F1oor,
Court Reporter, 4
San Antonio, Texas
38th District Court
78205 210.335.1s31
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100 Dolorosa | 4Lht F1oor,
Court Reporter, 43Bth District Court
San Antonio, Texas 78205 210.335.1531
advising you of what the rules are here and you have
initialed every page. r honestl-y have never filled this out,
so I don't understand how it works. But I'm going to --
MR. I,ARSHALIT.' Upon compfeting their intake
and all required documentation, that was the final procedure
of going through thelr policies.
Tffi COURT: Okay. So yourve done it.
MR. ABiAI;LAKA: I thought that they didn't
need this one, all they needed was that order that asked for
supervised visitation and that she just had to gio through the
intake process.
changes at the Family Center, because when I had contacted
them *- Dawn had contacted me directly, via my cell phone.
So I contacted them and they had said no, oo, ror we don't
really need that. And I thought it was resolved. So weeks
later, when I called them back, they said no, Dawn is not
communicating to us aqain.
TIIE COIIRT: Oh, okay.
MS. NEERZNG: They told me I couldn't have
the visitation.
ItR. ABiAI{IAI(A: Have you completed the intake
process with them?
MS. NEERING: Yes-
MR. ABiANAKA: And you completed the forms
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Judy Mata, CSR, Official
100 Dolorosa, 4th Floor,
Court Reporter, 438th District Court
San Antonio, Texas 182A5 210.335.1531
problem is we have -- it's been ordered that it would be
supervj-sed at the Center for Family Relations. There's been
some bad things done by -- well, some bad words from mom
against Mr. Morsi, the attorney, so he is not happy with
having to fill out the information so that she can qo to the
center and have her visits. Dad has already indicated that
he's done his part. f would l-ike for her to get some help
filling this out and so that
MR. AB)AI;IAKA: Well, this isn't needed if
it's already ordered that visitation is supposed to be
happeninq.
TIIE COURT: The Center for Farnily Relations
requires this. They need both sides to actually fill out the
form, both sldes to do their orientation, both sides to
listen and understand what the rules are.
MR. ABiAIIAI€A: Okay.
Tram COURT: So f want -- I know Mr. Morsii-
s going to make sure that Mr. Marshall follows through.
He's already been once. But I don't see the same ki-nd of
paperwork there, so I donrt understand. He was given a
policy handbook, but I don't see the --
MR. ITZIPAfrALL; Therers a receipt right
there at the beginning.
Trn: COURT: Yeah, for $25. But I just
don't know what t.hat means. I understand that they're
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Judy Mata, CSR, Official
100 Doforosa, 4t]n Floor,
Court Reporter, 43Bth District. Court
San Antoni-o, Texas 7 8205 210 . 335 . 1531
right here.
TEE COURT: Oh, yeah, 95. Okay. They only
charqed Mr. Marshal-l 25.
MS. frEER'tNG: Must be nice.
Tffi COURT: Why didnrt they --
MR. IIEIF;SEALL.' And one of the reasons,
Judge, that I had requested it be shifted to KidShare was to
remove any concerns that potentially Dawn could have on her
part. Plus, i-t was closer and more conveni-ent for the kids.
TIIE COURT: Yeah. Wel-l-, I think it's a
Godsend, basically.
AR. bARSEALL.' Huh?
Tffi COTIRT: It's a Godsend. Because your
children will be safe, they will have an opportunity to visit
with mom, which is really important to children.
MR. }Z|RSEALL.' Oh, they would love a visit
with mom.
TEE COURT: Yeah. And they're not going to
let anything bad happen to them.
Good morning, Jarnes.
MR. ABiAI*SKA: Good morning. Whatns up?
Tffi COURT: Werre in the niddle of a
hearinq on a temporary injunction. However, I think that we
can resol-ve the conflict by allowing mom to have visits with
her children in accordance with the divorce decree. The
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Judy Mata, CSR, Official
1-00 Dolorosa, 4th Floor,
Court Reporter, 43Bth District Court
San Antonio, Texas 78205 210.335.1531
t
I
Trlr. COaRT: And so I believe because of
that you are going to do everything you can to enable mom to
visit with her chifdren at the Guardi-an House.
MR. IIBIRSHALL: I have. I did go over to
the Center for Family Relations and filled out the
application.
Tffi COURT: Okay. Wonderful.
AR. MARSEALL.' I was contacted by family
center, by their director, Pamela, who indicated that Dawn
would have nothing to do with them, accusing me of having an
affair with the director that at one point had worked over at
the center, which is not true. I've never worked over there,
frve never volunteered over there.
MS. ![tERI!lG; Irve never said that.
MR. I8IRSEALL.' And that she even had filed
and made a complaint against t.he Better Business Bureau. And
the center had said that they had tried to contact her a
couple of times and there was no response.
Tffi COURT: Okay.
,,t5. NEERING: f went to my two-hour
orientation and paid nry $95.
TIIE COURT: How much?
MS. t{tERM6.- 95 .
Tfr8 COURT: 95?
MS. NEERING: Yeah. Itrs on the receipt
A)
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Judy Mata, CSR, Official
100 Dolorosa, 4th Floor,
Court Reporter, 4
San Antonio, Texas
3'81t8h2 0D5ls trict Court 210.335.1531
has made against me and flling complaints wlth the state bar
and -* which have been dismissed, and --
IIIE COURT: We}l, I certainly understand
that.
MR. IIIORSI: I would ask the Court to have a
staff attorney to do it because r simply cannot partici-pate
in any activity which could be placed blame upon myself,
unfortunately, in this particular case.
Tffi COURT: [On teTephone] James, can you
come over for a second?
MR. IIIORSI: Thank you, Your Honor.
Tffi COTIRT: Sure. T'm just goinq to -- and
aqain this is a wonderful place that enables parents to share
time with their chll-dren. obviously, it's a safe place for
the children, but it does need some cooperation from your
c1i-ent, right?
UR. lttOR;9I: Absolutely. And my client is
certainly going to fully cooperate.
Tffi COURT: And I totally believe that. I
mean, obviously Mr. Marshall is very --
UR. I{AR9EALL: I rm sorry, I'm having a hard
time hearingi you, Judge.
TEE COTIRT: Okay. You're obviously very in
tune with what's in the best interest of the children, right?
MR. IIERS&ALL.' Yes, maram.
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Judy Mata, CSR, Official
100 Dolorosa, 4th F1oor,
Court Reporter, 4
San Antonio, Texas
38th Districl Court
7820s 210.33s.1531
Tffi COURT: We11, and you may be absolutely
right, but I think --
IIIR. MORSI: I 'm certain.
Tnr: CO|IRI: -- that there is no harm to
a1low her to have her vlsj-ts at the Center for Family
Relations, which is now going to be called the Guardian
House. Because thatrs supervlsed and shers not going to have
an opportunity to say anything harmful to the children or do
anything in a negative way, because if she starts to do that,
the visits will be cut short. So having that security in
place, T really think she needs to start having her vj-sits.
MR. I,IORSI: Certainly no argument from me,
Judge.
US. .lltEERMG: I have this
Tffi COURT: Let me see that. You may
approach.
Okay. Mr. Morsi, do you mind helping her
fill this out? I know yourre not her attorney, but if you
would do that.
MS. NEER,ENG: They said that he had to file
it and that I couldn't have my hand in it.
Tr{n COURT: Yeah, I know you need to file
this form. So can you do that right now?
MR. [4IORST: Judge, with due respect, I
simply will not participate, given the alleqations that she
40
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Judy Mata, CSR, Official
100 Dolorosa, Athr Floor'
Court Reporter, 4
San Antonio, Texas
38th District Court
78205 210.335.1531
mean if they're going to seek that, then yourre entitled to
have a court-appointed attorney because the possible outcome
of that is to deprive you of your liberty. Okay?
A11
MS.
a voicemail screaming
me in a court of law
extent of the court.
voicemail to hlm and
Mr. Morsi was in his
arresled. So I think
Tffi
right. Well, I just --
NEERIT;IG: Mr. Morsi called me and left
that he was going to throw the book at
and take me and prosecute me to the
I went to Chief McManus and took that
then Chief McManus shared with me that
office screaming that f needed to be
the harassment that I'm --
COaRT: Why would she be arrested,
Mr. Morsi?
MR. *IOR.9I: Judge, I first of all, I
have never been in Mr. McManus's office.
Tffi COART: So this is imagined?
AR. MORSL: This is completely, positively,
undoubtedly imagined, as a1l the other things which have been
mentioned concerninq ny participation. And these i-magined
things do raise a concern in my mlnd and based on my
experience that we do need to have a psychiatric evaluation,
because these sorts of lmagined things are beyond what we
normally see in our family law cases here and do provide
indications, as we see in certain cases, that parties need a
psychiatric evaluation.
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Judy Mataf CSR, Official
100 Dolorosa, 4Lh Floor,
Court Reporter, 438th District Court
San Antonio, Texas 78205 210.335.1531
inj unction .
MR. MO3'SI: Yes.
THE COURT: The rul-es require you to set it
for a final permanent injunclion at the time you have the
temporary lnjuncLj,on, don't they?
MR. IUIORSI: No, they do not.
Tffi COtiRT: Are you sure?
MR. AORSI: f am certain.
THn COURT: So you can keep a temporary
injunction in place without golng for a permanent one?
MR. MORSI: You sure can. Of course, the
case could be DWOP'd, and at that point it wouldnrt be valid.
Tffi COIJRT: You rea11y need to get a
Iawyer, ma I am.
MS. NEIERING: The Domestic Violence
Coalitlon said they would help me. I tried to go through
Civil- Rights Project and Prepaid Legal and Prepaid Legal
wouldnrt help-
TIIE CQURT: Wefl , if this was about child
support, I could appoint you a lawyer. But it's not. It's
about your harassing Mr. Marshal1.
MS. NEERZNG: They did ask for the chil-d
support to be enforced.
TnE COURT: Yeah, but counsel just told me
that thatrs not what they're seeking today. Right? So I
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Judy Mata, CSR, Official
100 Dolorosa, 4th Floor,
Court Reporter, 438th Districl Court
San Antonio, Texas 78205 210.335.1531
i
it enumerates those.
Thatrs a little bit of a problem. You're
going to have to do -- what do they call that, counselor,
where you correct it? Nunc pro tunc?
IttR. IIIORSI: Yes, Your Honor. If there I s a
typographical error, such as t'his' versus "her" or trherr
versus "she, " which does happen conunonly, the law provides a
mechanism called a nunc pro tunc to correct administerial,
Irm sorry, typographical- errors.
TEE COTIRT: f mean i-t's not a real
substantive problem, but I think it could be a problem in
enforcins it because it
AS. NEERING: The injunction doesn't happen
for another hundred days, Your Honor.
TEE COORT: Wel1, that's the other thinq,
the temporary injunction. I'm real-l-y confused about that.
Did you have a hearing on a permanent injunction?
l1r9. IIEERII;IG: I wasn't served. I didn' t
know I had to be here.
Tffi COURT: I'm asking counsel.
AR. UIARSI: Your Honorr w€ set the hearing
for a motion for the injunction and Mrs. Neering did not show
up, and so we had to move forward. At that point we
couldn I t
Tffi COURT: But this is only a temporary
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Judy Mata, CSR, Official
100 Dolorosa, 4th Floor'
Court Reporter, 4
San Antonio, Texas
38th District Court
782A5 210.335.1531
"I've been trying all this time to get visits, but there's
been probf ems with the process. rr Okay?
MS. NEERING: Uh*huh.
TEE CAURT: But f donrt want you to say
"Dad hasn't let me see you.r' Okay? Because you donrt want
to hurt your children, but when you --
lir9. NEERING: They've been hurt.
Tffi COURT: -- when you try -- when you say
anything negative about the other parent, it hurls them.
Okay? Just like if dad would say anything bad about you that
would hurt them. We want to protect the children.
hLS. NEffi.ING: They know, they're smart.
TIIE COIJRT: All right. I know that you
want t.hem to know you love them and that it has -- yourve
been trying to see them, but you havenrt been able to do it
because of the paperwork, 1et's say that.
MS . NEEF"ING: Okay .
THn COIIRT: This is confusinq. Have you
looked at this order? It says that it's ordered that during
her peri-ods of possession, Gregory Marshall, ds a parent sole
manaqing conservatorf shall have the followj-ng rights and
duties, and then it enumerates them. And then i-t says "It is
ordered that during his periods of possession, Dawn Neering,
also known as Dawn Marshall, ds the parent possessory
conservator, shall have the following rights and duties, " and
36
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Judy Mata,
100 Dolorosa
CSR, Official
, 4th Floor,
Court Reporter, 4
San Antonio, Texas
38th District Court
78205 210.335.1531
asked to do anything. But r did make sure that it was in a
valid court order, whlch is known as the final d.ecree in this
divorce -
Tffi COURT: MaY I see it?
MR. MORSI: Absolutely.
TIIE COURT: Thank you. Now, f know that a
lot of the people whose cases I hear use -- i-s this for the
center for Family Relations? rs that where itrs supposed to
be?
MR- IfuRSI: Itrs at KidShare, your Honor.
ItR. IIEIRSEAI"L: No, that one is the Center
for Family Relations.
Tffi COURT: Itrs the same thing. I think
it's the same thing. It's on San Pedro?
MS. NEERI,NG: Yes. A little ye1low house.
Tffi COURT: Uh-huh. If you get to see your
children, will you just stop contacting Mr. Marshall?
MS. I\tEERIlfG.' Yes -
Tffi COURT: You're not going to be calling
him and complaining about anything, you're not. going to
harass hlm, and when you see your children, you are not going
to talk about anything bad about dad, right?
MS. l\lEERnfG.' I feel that itrs necessary to
tell them that I have been trying to --
Tffi COURT: You can say that. You can say
35
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Judy Mata, CSR, Official
100 Dolorosa, 4th Floor,
Court Reporter, 43Bth District Court
San Antonio, Texas 78205 210.335.1531-
TEE CO{IRT:
talk to your children?
So you haven't been able to
MS. NEffiING: And my parents are not
alfowed to talk to them, their aunts and their uncl-es and
their cousins. They do talk to their sister occasionally,
their older sister, whors in Michigan. But my parents are
not allowed to talk to them, my brother, his wife, Iny nieces,
my nephews, none of them are allowed to talk. And l^re try.
My son tried to give me his e-mail and I tried to use it, but
the messaqes f was sendj-ngi were bei-ng blocked.
Tffi COURT: A1l right. So, Counsel, why
canrt she have her supervised vlsits?
UR. IIfuRSI: I don't see any reason why she
cantt, Your Honor.
Tffi COURT: Di-d you complete the process so
she could go and start her visits back an 2A74?
MR. l,tORSI: Your Honor, I was never asked
t.o do a darn thing with respect to that- This j-s just one of
many lies that Mrs. Neering has enunciated to third parties
concerning myself, including she wj-ll tel1 you that she will
claim that I have been following her around as a stalker' as
you heard on that voicemail.
Tffi COURT: We11, that's not answerj-ng my
question.
AR. ldOP.SI: We1l, fly answer is I was not
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Judy Mata, CSR, Officia
100 Dolorosa, 4th F1oor,
I Court Reporter, 4
San Antonio, Texas
3-8tBth2 AD5is trict Court 210.335.1531
another page to it. I'11 find it-
Tffi COURT: Okay.
MS. NEERING: I don't have the copy with
ffi€r Your Honor.
TIfi COURT: A11 right. But nothing in this
exhibit shows an invitation from Mr. Castro to call that
number.
I'm just wondering, and I have no i-dea what
your divorce decree fooks like, but what kind of visitation
do you have, maram?
AS. NEERING: I have -- they assiqned
supervised visitation. I went through the intake process, I
paj-d my $55 and went through two hours of intake. It took
two months with no response. They told me they had to
contact Tamer Morsi, he had to file the paperwork through the
court system so I could qet my visitatlon. They told me that
he bl-atantly refused and I never qot any visitation-
TIfr COIIRT: And what's the date of that?
ltt9. NEERING: It was on July of 2074.
THs: COTIRT: So when is the last time you
saw your children?
AS. frEERING: Exactly two years. I saw
them once when they were getting off the school bus. I just
I was applying for a job in the area and walkinq on the
street.
JJ
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Judy Mata,
100 Dolorosa
CSR, Official
, 4th Floor,
Court Reporter, 4
San Antonio, Texas
38th District Court
18205 210.335.1531
Tffi COURT: A11 right. So Respondentfs
Exhibit No. 1 is admitted. And then you want to mark the
other one also?
MS. lltERf![G: Yes. I']l find it. I have a
phone conversation with Frank Castro, Jr., handwritten. Is
that okay?
Tffi COURT: Yeah, I suppose. You received
that ?
AS. !*EER.T![C.' I had the conversation with
him.
TEE COURT: lrlho wrote that down?
MS. ArtHRfl[G.- r did.
Tffi COURT: Okay. Well, oor I think
LIId L
MS. IttSRIlfG,' We'l1 wait on that? We'll
r^/ait on the rest. f '11 give 1t to the Domestic Violence
Coalition. The original e-mail was from my dauqhter. "H"y,
mom, Gregory and Carrie are --rr
MR. }IO8.SI: Objection, Your Honor.
Tffi COtiRT: Okay. Sustained.
I'm looklng at Respondentrs Exhibit 1.
Where does Mr. Castro say that hefs inviting you to call and
leave messages on that number, maram? Wifl you show me,
please?
MS. NEERING: f'11 flnd it. There's
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Judy Mata, CSR, Official
100 Dolorosa, 4th Floor,
Court Reporter, 438th District Court
San Antonio, Texas 78245 210.335.1531
AS;. ![EERMG; Yes -
THE CO{IRT: AII right. Do you want to show
that to opposing counsel?
AS. flEERMG: I have more than this.
,ifR. II@zRSI: Your Honor, gi-ven the contenl
of this e-mail and being' that it's so adverse to her
position, it would be my pleasure and honor to have it
admitted into evidence.
Tnn COURT: A11 right. You want to get i-t
marked?
!tR. lt@RSI: f would love to. Although
it's
Tffi COURT: You wanted the Court to see
that, right, Ms. Neering?
$5. NEERING: Yes.
,4R. I{ORSI: Shall we mark it as
Respondent I s Exhibit
US. flEERflIG: There's more where Frank
Castro, Jr. is inviting me to call. This one is -- he's
telling me that he understands how emotj-onal I am because I
have not been able to talk to my chil-dren-
THE COURT: All- right. So Mr- Morsi has
marked this as Respondent's 1. And you want this admitted'
right?
MS. IIEERfrIG: Yes, maram.
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Judy Mata, CSR, Official
100 Dolorosa, 4th F1oor,
Court Reporter, 438th District Court
San Antonio, Texas 182A5 210.335.1-531
l4S. lllHERfllG: I ca11ed the personal cell
phone and it automatically went to the other number.
TEE CO0RT: Is that the way it works?
AR. ,?|a'SEALL.' No.
MS. NEE8"f,NG: It used to. It doesn't
anymore.
TEE COURT: Did it used to?
AR. ,ZIRS:EALL: No -
AS. NEERING: Now when I call him I get his
ce1l phone to try to communicate with the children. I call
on holidays and he wonrt answer. And f don't leave
voicemails anymore because werre here.
Tffi COORT: Okay. So as long as shers not
conrmunicating with you in a vulgar, profane, obscene or
j-ndecent language, why is it a problem if she calls you?
llIR. llARSmLL.' It I s not a problem if she
calls my cell phone and we have this conversation. The issue
was calling my employer. And at that point she did have my
cell phone number.
MS. NEER,ING: T was invited -- Frank
Castro, Jr. sent me an e-mail asking -- telling me that I
could call San Antonio Fatherhood Campaign so I could stay
connected with my children.
?nn COURT: All right. So is that
addressed to you?
\--
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donft know.
TEE COIIRT: Are you the one that set it up
so that anybody that cal1s you and leaves you a message on
your e-mail can be heard by anybody else in your office?
MR. lnreEALL; No, I did not. The proqram
manager at the t.ime, Frank Castro, i_t was -- it wasnrt even
my responsibility to check voice messages. one of the other
employees checked the voice message and then notified both
the program manager and myself.
Tffi COTIRT: Is that your personal ce1l
phone?
MR. bfAR"SEALL.' That number -- my cell phone
had nothing to do with that voicemail at that time.
EEE COURT: What nunber was that call made
to?
AR. I,4'F-9:EALL: 22'7-3463 -
TEE COURT: And what nunber is that? Who
do you get when you call that number?
ldR. |&F'SflALL: You'll get the San Antonio
Fatherhood Campai-gn.
TEE COUF'F,' Okay. What i-s your personal
cell phone number?
MR. *'ARSEAI,L.- 290-5001.
Tffi COIIRT: Okay- Did you know that that
was not his personal cel-l- phone?
Judy Mata, CSR, Official
L00 Dolorosaf 4th Floor,
Court Reporter, 438th District Court
San Antoni-o, Texas 78205 210.335.1531_
I \-
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Judy Mata, CSR, Official
100 Dolorosa, 4th Floor,
Court Reporter, 43Bth District Court
San Antonio, Texas 78245 210.335.1531
Which one of these does it fit?
ltR. InIORSI: Judge, the violations are many.
(D), contacting employers, petitionerrs employers, partners
and affiliates, petiti-onerrs colleagues
TIIE COURT: Wel1, wait a minute. She
called Mr. Marshall on t.hat, right?
AR. I,f@zRSI: She called the employerrs
voicemail.
AS. IIEERING: It automatically goes from
hi-s phone to the voicemail at the San Antonio Fatherhood
Campaign while he's at work.
Tffi COURT: Oh, okay. So did you know that
when you made that phone call?
MS. ![EER.TI[G: No. I was shocked when they
announced themselves as San Antonio Fatherhood Campaign.
Tffi COURT: Okay.
,lS. NEERTNG: And --
Tm COIIRT: So that voicemail is something
that anybody in the organization can hear?
.ltR. MORSI: That is what Mr. Marshall
testified to.
THE COTIRT: Well, so he's the one that set
it up that way?
MR. *iORSI: I'm sorry, Your Honor, if you'd
like to ask Mr. Marshall a question, you're welcome to. I
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Judy Mata, CSR, Official
100 Dolorosa, 4th Floor,
Court Reporter, 4
San Antonlo, Texas
38th District Court
782A5 210.33s.1531
Honor.
Tsr: COURT: A1I right. Do you have any
questions of Mr. Marshall? That's how you brinq up evidence,
by asking questions.
UrS. NEERING: Okay.
CROS.9 E)(AMII|IATION
QIIESTT.OES BT ttIS. NEERTNG:
0. Mr. Marshall, di-d you tell our children that their
uncle died?
A. Yes, I did.
O. Dld you have any intentions of taking them to the
funeral ?
A. No.
AR. MOF,SI: Objectlon, Your Honor. Falls
outside the scope of this hearing, whlch is to determine
whether or not she did violate the injunctions that are in
place. We're here simply on a motion for contempt, which are
violations of specific orders of the court in the injunction.
Tffi COURT: Wel1, which one does that fall
under? ft says, "threatening petitioner in person, by
telephone, or in writingi to take unlawful actj-on." I don't
think that fits there. "Communicating wit.h petitioner in
person, by telephoner or in writing in vulgar, profane,
obscene or indecent languaqe or in a coarse or offensive
manner.rr f don't think that fits there.
11
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Judy Mata,
100 Dol-orosa
CSR, Official
, 4th Floor,
Court Reporter, 4
San Antonio, Texas
3Bth District Court
182A5 210.335.1531
have wanted is for simply Ms. Neerinq to not contact your
employer, is that true?
A. Yes -
O. To not disseminate false information or defamatory
information about you to third parties?
A. Yes.
O. And to --
MS. NEERING: Can I make an objection?
Tffi COURI: Yes. What|s your objection?
lq9. NEERING: I received e-mails from San
Antonio Fatherhood Campaign inviting me to call and to e-mail
so that I could stay a part of my childrenrs lives. I have
copies of those e-mails.
Tffi COURT: All right.. Well, you will have
a chance to present those.
O. @y AR. MORSI) And that you are asking the Court
to enforce the temporary injunction as qranted and to order
sanctions in the form of those outlined *- order sanctions in
the form of requiring lndividual family counseling, parentingt
class for Ms. Neering, a psychological evaluation, t.he BIP
class offered by the battered womenrs shelter, and upon
recommendation of counselor, after visiting with yourself and
the kids and Ms. Neering, to begin supervised visitation?
A. Yes.
AR. MORSI: I have nothing further, Your
26
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Judy Mata, CSR, Official
100 Dolorosa, 4th Floor,
Court Reporter, 438th District. Court
San Antonio, Texas 78205 210.335.1531
MR. ltoRSf.' Your Honor, the next messages
will be from September 18th, 201-4.
Tffi COURT: Okay.
[Audio p]-ayed as folJ-awsl: "Time, 1.0:02
d.n-, sent by QIA) 2'75-I158.'
"You shoul-d inform our children that their
Uncle Bil-l died. Good luck with that."
"To replay this message, press 1. To
delete this message --rl
UR. UPzP-SI: May I proceed, Your Honor?
TEE COURT: Yes.
0. @Y AR. *FzIt,S[) Mr. Neerinq, those are the
voicemails you alluded t.o earlier, is that correct? Those
are the voicemails you alluded to earlier?
A. Yes.
0. And those were left on your employer's phone
system?
A. Yes.
O. And, therefore, any party who worked for the same
employer could have reviewed those messages?
A Vac
0. And these were in violation of the courtts ord.er'
isnrt that correct?
A. Yes -
A. Isn't it true that throughout this case what you
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Judy Mata, CSR, Official
100 Dolorosa, Ath F1oor,
Court Reporter, 4
San Antonio, Texas
38th District Court
7820s 210.335. 1531
same thing on my phone. I don't have a CD player.
Tffi COURI: WeIl, how do we know they're
exactly the same?
UR. l@zRSI: Well-, theyrre the same audio
file, Your Honor. Of course, I would be happy to play the CD
if we have a CD player-
,{5. IfEEF'IIIG: Your Honor, I did make those
phone calls. We don't have to listen. I did cal1.
TEE COURT: Al-1 right- Then I'll listen to
what it is.
MR. fr0zRSI: Thank you, Your Honor- We'll
start with the phone call in August of 2AI4-
Tffi COURT: Okay.
IAudio played as fof]-owsl: '334-9310,
received Thursday at t2:48 p.m."
"My name is Dawn Neerinq Marshall, and f'm
calllng to let you know that T have qone to Channel 4 with
what you have done between my children and myself. I have
not seen my children since May 1st, when their father brought
them to me, vi-olating his court order. Channel 4 has been
informed and they are doing an investigative report- I'm
al-so seeking criminal charges because I'm being st.alked,
harassed and threatened by a vehicle that's been registered
to Tamer Morsi. So good 1uck."
"End of messaqe."
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Judy Mata, CSR, Officia
l-00 Dolorosa, 4th Floor,
I Court Reporter, 43Bth Distrlct Court
San Antonio, Texas 78205 210.335.1531
I have all the counselinq from marriage
counseling, r have all the documentation from the marriage
counselors and r want to take it with me. He picked his own
Ph-D. and I don't want the Ph.D. that he picked because he
tends to pick people that he knows and he knows how to
manlpulate. Wefve been through this for ten years.
They are requiring that I take parenting
classes. ffm a l-icensed day-care provider. I ran a
successful day-care for six years. r've never been guitty of
any kind of abuse and I don't understand why they think that
f would need a parentlng class. I will do it. Ifro objecting
to the fact that they're announclng that I need it.
Tffi COURT: A11 right. Sustained.
O. (BY MR. $ARSI) Sir, we do have the audio
recordings available for the Court to hear, is that correct?
A. Yes.
O. And these are the audio recordings that are on the
CD that's been admitted into evidence?
A. Yes.
MR. MOR*1I: Your Honor, I do have those
audio recordings available to play on the record/ if the
Court would like to hear them over the mlcrophone system.
Tffi COORT: That's fine. So yourre going
to play thls one you had got admitted?
MR. MORSI: I can do that or I have the
23
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Judy Mata, CSR, Official
100 Dolorosa, 4th Floor,
Court Reporter, 438th District Court
San Antonio, Texas 78205 210.335.1531
Can you tell me if you recoginize that document?
A. Yes, I do.
A- And what is that, briefly?
A. Just an outline of some of the things that I was
hoplng t'hat the Court woul-d take into consideration today.
0. And did you prepare that document?
A. Yes, I did.
O. Is that a true and accurate representation?
A. Yes -
O. In fact, that's the oriqinal, is it not?
A. Yes.
UR. MORSI: Present to pro se litigant for
review, Judge?
Tffi COURT: A11 right.
MS. NEERI,NG: I've seen it, Your Honor.
Tffi COURT: Do you object?
,!tS. NEER'I],IIG: Yes.
TEE CO{IRT: You object to it?
US. NEERIT{IG: Yes, I do.
Tffi COURT: Why?
AS. NEERZNG: Because I'm being accused of
having a drug and alcohol problem, which is a lie. He wants
alL of my medical records and will not release his own. I'11
release them, but he needs to release his own medical
records.
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Judy Mata, CSR, Officiat
100 Dolorosa, 4thi Floor,
Court Reporter, 4
San Antonio, Texas
3Bth District Court
78205 210.335.1531
necessarily for traditional sanctions, but, in fact, for
things such that may be nontraditi-onal, such as, instead,
werre asking for fami-ly counseli-ngif isn't that true?
A. Yes.
O. We're asking for a psychological evaluation, isnrt
that true?
I Vac
0. We're asking for parenting classes.
A. YeS.
a. Werre asking for visitation to begin as soon as
possible at KidShare.
A. Yes.
0. We're asking --
A. Tamer, the visitation was after the counselinq and
upon the approval of the counselor.
0. Rightr w€'re aski-ng for that. And werre also
asking for child support to be enforced.
A. YeS.
O. Or at least -- not necessarily enforced, but that
that continue and start.
A. Yes.
ItR. *&OF"9I: May I approach the witness,
Your Honor?
TgE COURT: Yes.
O. By AR. I,TC''SI) I'm going to hand you a document.
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Judy Mata, CSR, Official
100 Dolorosa, 4th Floor,
Court Reporter, 43Bth District Court
San Antonio, Texas 78205 210.335.1531
A. Yes, they are.
O, You understand, sir, that werre here today simply
to ask this court to hold Ms. Neeri-ng accountable for
violations, is that correct?
A. Yes,
O. That we are not here today to present evidence of
truth or falsehood, but simply to enforce a courL order lhat
Ms. Neering not violate the terms of, is that correct?
A. Yes.
O. And you understand that this court today is not
going to be deterrnining the truth or falsehood of any
allegations in this case, but simply to determine whether
they had been viofations of the temporary injunctions?
A. Yes.
A. That sai-d, sir, would you like the assistance of
thls court in helping to develop a pathway forward to reunify
your family?
A. Yes.
a" And isn't it true, sir, that we did not request
any incarceration for these violatj-ons?
A. Yes.
O. But that we did request that Ms. Neering be
sanctioned for her failure to comp1y with the court order?
A. Yes.
0. And isn't it true that werre not asking
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Judy Mata, CSR, Official
100 Dolorosa, 4th Floor,
Court Reporter, 4
San Antonio, Texas
38th District Court
18205 210.33s.1531
a. (BY ,4R. MOF.SI) Sir, based on these violations,
what sort of conversations have you had to have with your
employer?
A. Numerous. Just assuring them that f was
supportive of Dawn having a loving and healthy relationship
with our kids. And f am. On occasions I just had to
demonstrate to my employer that the allegati-ons were false.
O. And did your employer ever indicate why they
thought it was important to ask you about these allegations?
A. Yes.
a. Why did they say -- why did they feel it was
important?
A. One, we're a federally-recognized prog.ram, so
misperceptions could jeopardi-ze the qrant money, along with
the city- and the state-funded program, it could jeopardize
their funding.
a- Did they believe that if these allegations were
true that they would be consistent with your employment
mission?
A. If they were true? No, they wouldn't be
consi-stent with our mi-ssion.
0- And is that why you felt it was necessary to prove
that they were false?
A. Yes -
O. And, in fact, they are false, are they not?
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Judy Mata, CSR, Official
100 Dolorosa, 4th Floor,
Court Reporter, 4
San Antonio, Texas
3Bth Districl Court
78205 210.33s.1s31
A. Yes, sir.
MR. IIDRSI: May I approach the witness,
Your Honor?
Tnn: COTIRT: You may,
a. (BY MR. *{ORSI) Sir, I'm handing you what's been
marked as Petitionerrs Exhibit No. 4. Can you tell me what
that is?
A. It's a CD of either two or three voice messaqes
that Dawn Neering had feft on the San Antonio Fatherhood
Campaign voj-cemail system
O. And they correspond with the voice messages that
we've enumerated in our motion for contempt, is that correct?
A. Yes.
0. Thank you. I'm sorry, and these are true and
complete -- on this CD is the true and complete voice
messages that are the vlolations that we contend?
A. Yes.
UR. I"IORSI: Present to pro se litigant,
Your Honor?
Tffi CAURT: A11 right. Thank you.
Do you have any objection to that, maram?
l4S. NEER'ING: No.
Tffi COURT: Al-1 right. So thatrs No. 4?
AR. ilORSI: Yes, Your Honor.
Tffi COURT: It's admitted.
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Judy Mata, CSR, Official
100 Dolorosa, 4th F1oor,
Court Reporter, 438th Dist
San Antonio, Texas 78205 2
rict Court
10.33s.1531
correct ?
A. Yes.
0. And did you have occasion to record those voice
messages from Ms. Neering?
A- She left them on the San Antonio Fatherhood
Campaign voice message system.
0. And did you bring a copy of that recording today?
A. Yes, I did.
O. And did you make the recording yourself?
A. No.
0. Who made it?
A. Oh, oor I *- I made the CD and I recorded the
message off the phone system.
O. Okay. And did you make a true and correct copy of
the voice message?
A. Yes.
A. And on that CD how many voice messages are there?
A. I believe two or three.
O. And i-snrt it true that on August 7th, 20L4 she
left one message, then on September 15th, 20L4 she left
multiple messages?
A. No, she left one message, but there was another
message prior to that injunction.
a. And are those voice messages on there true and
complete, to the best of your knowledqe?
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Judy Mata, CSR, Official
100 Doforosa, 4th Floor'
Court Reporter, 43Bth District Court
San Antonio, Texas 78205 21-0 - 335.1531
a. And did your employer give you those copies?
A. Yes.
O. And except for the highlight on top, is that a
true and correct coPY?
A. Yes.
l{R. MA&SI: Your Honor, nay I present to
the pro se litigant for review?
Tffi COTRT: You may.
Any objection?
l,rs. NEERIIiIG: I didn't send them-
Tffi COURT: .41L right. So --
MS- ![EERM6; I sent these to the National
Domestic Coalition.
Tffi COURT: Al1 right. So then
Petitionerts No. 2 ts admitted- Is there also a No. 3?
MR. TIAF'SI: Yes.
TEE COURT: And No. 3 is admitted-
0. @Y AR. I,ICIRSI) Now, sir, with respect to the
vi-olations that we enumerated in our motion for contempt'
there were two voicemails that you have alluded to, is that
correct?
A. Yes.
O. And one was on August 17th, 20L4' correct?
A Vaq
O. And one was on September 15th, 2074. fs that
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Judy Mata, CSR, Official
100 Dolorosa, 4th F1oor,
Court Reporter, 438th District Court
San Antonio, Texas 7B205 210.335.1531-
Your Honor?
IEE CO|R!.' You may.
0. (Bt UR- ItuP€I) Sir, I'm g,olng to hand you what's
been provisionally marked as Petltionerts Exhibit 2. Can you
tell me if you recogrrize this document?
A. Yes, I do.
O. Can you briefly tell me how you came in possession
of that document?
A. Last week my employer received this fax with this
letter from Senator Mendez and a letter from CPS.
O. And except for the highliqht and the checkmark, is
t.hat a true and correct copy of what was received by your
empJoyer?
A. Yes.
O. Thank you.
Irm going to hand you what's been
provisionally marked as Petitioner's Exhibit 3. Can you tell
me if you recognize that?
A. Yes, I do.
A. And was that also received by your employer?
A. Yes.
0- Was that recei-ved in conjunction with the letter
that you -- with Petitionerrs Exhibit 2, which was the letter
from Senator Jose Mendez's office?
A. Yes.
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Judy Mata, CSR, Official
100 Dolorosa, 4th Floor,
Court Reporter, 4
San Antonio, Texas
3Bth District Court
78205 210.335 " 1531
O" On September 18th, 2014, can you te1l us about the
documents that you discovered?
A. At 9 a.m. we discovered, Joe-l- and f , who b/as a
vol-unteer at the Fatherhood Campaign, that the January 201_3
CPS safety plan had been placed on the San Antonio resource
table and the display board and other display boards
throughouL the building. Joel believed that these copies
were placed in the morning.
a. Did you receive a voice message from Dawn Neering
on August Jth, 2074 at your place of employment?
A. Yes.
O. And was this the voj-ce message wherein she
threatened to, quote, "Go to News 4"?
A Vac
O. And she also said that someone was following her.
A Yoq
O. Has she ever claimed to you that I was fol-l-owing
her?
A Vac
O. And that I was following her in a vehicle.
A. Yes. Shers even put it in a letter.
O. And where was that letter sent?
A. ft was sent to the National Compadres Network,
Family Service Assoclation, that we know of, and my employer.
MR. MOF^SI: May I approach the witness,
L4
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Judy Mata, CSR, Official
100 Dolorosa, 4t1n Fl-oor,
Court Reporter, 438th District Court
San Antonio, Texas 78205 210.335.1531
TEE COtiRT: Okay. We1l, thatts not a legal
objection, but you will have an opportunity to testify.
US. NEERIIiIG: oKay.
A. (BY AR. lf,ORSL) And based on the history in thi_s
case, is i-t your understanding that those actj-ons have been
taken by Ms- Neering?
A. Yes.
0. And when we filed our motion for contemptr w€
enumerated at least five specific violat.ions of the
injunction, isnft that correct?
A" Yes -
0. I'm goi-ng to start, not in chronological order,
but start with the type of violations , Lf that's okay.
A. Okay.
A. There r,*as a viol_atj_on -* was there a violation in
September of -- September 17th, 2A74?
A. Yes"
0. And what was that violation?
A. Dawn had l-eft a voice message indicating that her
Uncle Bill had died, and good luck with that. Durj_nq my
parentinq class on the 17th f saw Dawn through the window in
the hallway of my place of employment. I notified different
individuals and f also sent an e-mail to my lawyer.
O. On December --
A. And I filed a police report.
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Judy Mata, CSR, Official
100 Dol-orosa, 4th Floor,
Court Reporter, 438th District. Court
San Antonio, Texas 78205 210.335.1531
A. Yes.
a. Or that you were a poor father?
A. Yes.
A. Or that you had debilitating menta] prob.l-ems?
A. Yes.
O. Or that you abused alcohof or drugs?
A. Yes.
0. And would it be harmful to your ability to
maintain the employment you have if those accusations were
communicated to your campaign's partners?
A. Yes.
0. Or to l-ocal- elected officials?
A. Yes.
a. Or even just posted on a blog on the Internet?
A. Yes.
0. Or e-mailed to your superiors?
A. Yes.
0. Has, in fact, al1 of those happened?
A. Yes.
O. And based on your understanding of the record --
l,t9. lltEERMG: Can I say objection?
TEE COIJRT: Yes, you can.
MSt. nEER.IlfC.' Objection. I have not made
any false statements. The statements I've made f can
collaborate. I have wi-tnesses, f have proof .
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Judy Mata,
100 Dolorosa
CSR, Official
, 4th Floor,
Court Reporter, 4
San Antoni-o, Texas
38th District Court
18245 210.335.1531
management, which would be the intake and follow-up,
answering the phone, teaching the classes, public outreach,
coflrmunication.
O. And do you also -- you said you do teach some
classes ?
A. Yes, sir.
a. And can you tell us some of the cl_asses that you
teach, have taught?
A. Parentinq workshops, one day; Healing Family
Violence, which would be a domestic violence class, one day;
multiple weeks of Healing the Wounded Spirit, runs about ten
weeksr do hour and a half a week; and then Raising Children
with Pride, a curriculum written by Jerry Tel1o of National
Compadres network, 10-week program, hour and a half a week.
O. Now, would you say that i_n general that your
empl-oyer and your job are related to maintalninq or working
towards healthy family relationships?
A. Absolutely.
O. And would you agree that it would be harmful to
your ability to maintain that employment if you were seen to
not be able to do that in your own life?
A. YeS.
O. And would it be harmful to your employment if a
party were to make false statements claiming that you were
abusive?
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Judy Mata, CSR, Official
100 Dolorosa, 4th Floor,
Court Reporter, 4
San Antoni-o, Texas
38th District Court
78205 210.33s.1s31
Campaign program?
A. Yes.
O. And whatrs your posj_tion there?
A. Program coordinator.
A. And can you briefly describe some of your duties
and responsibilities or what you do with the campaign? Or
tell us first, what is the campaign?
A. The campaign is a male involvement program to help
men 1n the community be better parents, fathers in
particular. We offer a wj-de variety of different services,
anywhere from coaching to mentoring, counselingi. We offer
parenting classes, family violence classes, healthy
relationship classes and a wide variet.y of different things
in between, including partners in the cornmunity that have a
specialized focus, such as if you're previously incarcerated,
we have a partner that can help you get back to work.
O. And does your program receive referrals from the
Bexar County and city court systems?
A. Yes.
a. And do you provide services based on those
referrals ?
A. Yes-
0. And what do you specifically do wlth the San
Antonio Fatherhood Campaiqn?
A. I coordinate all the activitles, includingr case
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Judy Mata, CSR, Official
100 Dolorosa, 4th Floor,
Court Reporter, 4
San Antonio, Texas
38th District Court
18245 210.335.1531
MS. lCtERIlrc.' No.
Tffi COURT: A11 rlght. So then
Petitioner's No. 1 is admitted.
UR. I{ORSI: Thank you, your Honor.
Tffi COURT: Thank you.
A. FY MR- I{[OP-SI) Mr. Marshall, the injunction in
this temporary injunction order that the judge is reviewing
had certain injunctions in place concerning Ms. Neering's
contact with yourself, your employer, your residence and the
children, is that correct?
A. Yes -
O. Okay. And j_s it true that you betieve that after
the date of that entry of that injunction that she violated
those orders of the court?
A. Yes. On numerous occasions.
0. And did she do so by appearing at your
employer's at your place of employment?
A. Yes.
a. May I ask you, sir, where do you work, what is the
address ?
A. 3014 Rivas Street, San Antonio, Texas, 78230.
ft's a community building call-ed The Neighborhood place
0. Okay. And what is your place of employment?
A. American Indians in Texas.
0- And are you part of their San Antonio Fatherhood
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Judy Mata, CSR, Official
100 Dolorosa, Ati;r Floor,
Court Reporter, 438th District Court
San Antonio, Texas 78205 210.335.1531
telf me if you recognize that document?
A. Yes, I do.
O. Have you seen it before?
A. Yes, I have.
O. And what is the title of that document?
A. Temporary Injuncti_on.
0. Okay. And would you mind paging back to the last
page, where there's a judge's si_gnature?
A VIEaD.e
0. I'm sorry, the second to the last Fa9e, I
apologize. And what is the date of the judge's si-gnature?
A. May 2nd, 20L4.
O. Okay. And is that, in fact, a certified copy of
that order?
A. Yes.
0- Thank you. And it is true and complete, as far as
you know?
A. Yes.
O. Thank you.
AR. ITIOP-SI: Your Honor, with your
permi-ssion, r'11 present it to the pro se litigant for review
and objection.
Tffi COURT: Thank you.
Do you have any objections to that being
seen by the Court?
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Judy Mata, CSR, Official
100 Dolorosa, 4th Floor,
Court Reporter, 438th District Court
San Antonio, Texas 78205 210.335.1531
collaboration between the san Antonio Fatherhood campaign and
the DFPS records department. The domestic relatj_ons office
here in the courthouse are the ones that instructed me to
call to stay a part of my children's lives- And these men
are trying to say that ilm dolng insane things that ilm not
and that making phone call-s to stay a part of my children's
li-ves is wrongi. But I was instructed to do so.
Tffi CO|IRT: Al-l- right. Thank you.
Do you want to call your flrst witness?
AR. bfiRSI: Yes, your Honor. We call my
client, Greg Marshall, to the stand.
THE COURT: Okay. And you're stil_l under
oath/ sir.
You may proceed.
AR. MOF,SI: May I approach, your Honor?
Tffi COURT: You may.
MR. bIORSI: May r ask that this be
provisionally marked as petitioner,s Exhibit No. I?
Tffi COURT: Yes -
MR. 2,IORSI: Thank you, Your Honor.
GREGORY
'*IA8,SEAJ'L,
having been fir'sX swotn, testifi'ed as folJ-ovs:
DT'IECT EXAI$Ii8';TTON
QIIESTIOT;IS BT ttR- MCP'SI:
O. Mr- Marshal_l, l,m handing you a document- Can you
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Judy Mata, CSR, Official
100 Dolorosa, 4th Floor,
Courl Reporter, 438th District Court
San Antonio, Texas 18205 210.335.1531
statement?
,1r5. NEERZNG: Yes, Your Honor.
The statements made just now and the
statements in these court orders are lies, and I can prove
1t.. And I have not defamated [sic] anybodyrs character;
however, I have police reports to prove that these men from
the San Antonio Fatherhood Campaign are actually guilty of
defamation of character. They are accusi-ng me of having a
history of drug and alcohol abuse, which is defamation of
character. They accuse me of havj_ng a mental disorder and
told a police officer that. That's defamation of character;
I've never had any mental disorder at all.
They are saylng that I have made phone
ca1ls from phone numbers that I've never seen before.
They're not mine. I ca11ed San Antonio Fatherhood Campaign
to tell my children that their uncle had died, and I don't
see why I should be jailed when I'm trying to communicate
with my children and stay a part of their lives.
There's other things. Like this also says
that I had his CPS documents and his CPS investigrational
reports- I just received those a month ago. It took me two
years to get those because they were not given to me by DFPS.
And I have a letter stating that they werentt golng to give
them to me.
I also have proof that there's
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Judy Mata,
100 Dol-orosa
CSR, Official
, 4th F1oor,
Court Reporter, 4
San Antonio, Texas
38th District Court
78205 210.33s.1531
in;unctions, wetre here to address those vJ-olations, which
were those defamatory coilrmunications. But the real groal is
to say, y€s, there were violations, but let's talk about a
way to qet this family together.
We have conferred before coming this
morning. Unfortunatelyf we were not abl-e to agree on the
main issue. The folks do agree on certain things about
counseling, supervised visitation, psychological evaluations.
They do seem to agree on that. The particular issue that r
had difflcult.y getting an agreement on was to no longer --
for Ms. Neerj-ng to no lonqer engage in what we allege is
defamatory activity, which is communicating fal-se information
that would reasonably be considered to lower the person's
character to a third party. And we would like for that to
stop.
Ms. Neering does not want to give up her
right of -- her first amendment right to have free speech,
and we would simply ask the Court t.o recognize that the
defamation is an exceptlon to that flrst amendment right.
And thatrs really all we're here to do, Judge.
TEE COIIRT: A11 right. So since you are
movant, and you just explained to me prett.y much -- I guess
that could be your openi-ng statement, right?
MR. ll@,P.SI: Yes, Your Honor- Thank you.
TEE COURT: Do you wish to make an openi-ngr
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MS. NEERING: Two weeks ago- I was taken
from my place of emPloyment-
TEE COIJRT: Okay. So then you have had at
least ten days to --
MS;. NEERING: And I have had consultations
with aLtorneys' but was unsuccessful-
Tffi COURT: OkaY.
MS. NEERING: The National Domestic
Violence Coalition is going to help me reopen the case, but
they couldn't help me with the contempt hearing'
Tffi COtiRT: OkaY. So are YOu seeking
incarceration, counsel?
MR. $ARSI: No, wefre not' Judge. We're
simply seeking more or less a path forward for the family to
reunify.
Tffi COURT: And what is this motion on? Is
it on access and possession or is it on child support?
MR. MORSI: It's actually, Judqe -- the
parties were initially divorced in 20L3, November of 2013 '
After that time we alleged that Ms. Neering engaged j-n
behavior which was defamatory to my client and' therefore' we
sought and received an iniunction against that behavior-
There were violations of that injunction, which were
basically cofiimunications to third parties that were
defamatory to my clj-ent. And since she violated the
3Bth District Court
78205 210.335.1531
Judy Mata, CSR, Official-
100 Dolorosa, 4th F1oor,
Court Reporter' 4
San Antonio' Texas
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Judy Mata,
100 Dolorosa
CSR, Official-
, 4th Floor,
Court Reporter, 438th District Court
San Antonio, Texas 78205 210.335.1531
Tffi COTIRT: f 'm going to call on the record
cause No- 201-3-cr-15828, styled Gregory Marshall versus Dawn
Neering. This is a motion for contempt.
Counsel, please make your announcements on
the record.
MR. II!0zP,SI: Good morning, your Honor. My
name i-s Tamer Morsi. r represent Gregory Marshall, the
movant in today's motion and the father of the children
related to the divorce action which was concluded in 20L3,
Your Honor.
Tffi COURT: A11 right. And Dawn Neering?
would you prease -- well, let me ask the parlies both to
stand and be sworn. rf you will both raise your right hand.
(Parties sifroJru. )
be seated.
Tffi COURT: A11 right. Thank you. you may
Ms. Neering, you are here without an
attorney?
HS . NEERIXG: Yes, ma t am.
Trn COURT: Is that by choice?
IIIS. ![EER.IIIG: I couldn't find an attorney
to represent me. r have letters from legal ai_d stating that
they helped the other party and they wouldn't help me.
TEE COttHI: Okay. When did you get serwed
with this notice, this motion?
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Judy Mata, CSR, Official
100 Dolorosa, 4th Floor,
Court Reporter, 438th District Court
San Antonio, Texas 78205 210.335.1531
INDEX
VOLUMElOFlVOLUME
MOTION FOR CONTEMPT
MARCH 4 2AL6
Page Vol-
Appearances. .
Opening statements by Petitioner...
Opening statements by Respondent...
PETITIONER I S WITNESSES :
2
5l
I
1
1
Direct Cross V-D. Vol.
1
5l
5B
Gregory Marshall
Court Adjourned.
Court Reporterrs Certificate.
**rk*** ****
INDEX OF EXHIBTTS
PETITIONER' S EXHIBITS :
No.
1
2
3
4
Description
Temp- Injunction
Fax w/attachments
Fax w/attachments
CD wlvoice messages
Offered Admitted Vo1 -
9
I7
L1
19
10
71
1'7
19
1
1
1
1
RESPANDENT I S EXHIBITS :
No.
7
Description
E-mail
Offered Admitted Vol -
32
***
33
*******
A P P E A R A N C E S:
FOR THE PETITIONER. GREGORY MARSHALL:
Mr. Tamer F. Morsi
Attorney at Law
5150 Broadway, Suite 4I7
San Antonio, Texas '78209
Tel: 2L0.31 0.7541
Fax: 21,0 - 693. 1258
State Bar No. 24041530
FOR THE KESPONDENT, DAWN NEERING:
Ms. Dawn Neering, Pro Se
5l-9 N. Medina
San Antonio, Texas 78207
Tel: 210.589-3941
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Judy Mata, CSR, Official
100 Dolorosa, 4th Floor,
Court Reporter, 438Lh District Court
San Antonlo, Texas 78205 210.335.1531
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Judy Mata, CSR, Official
100 Dolorosa, 4th Floor,
Court Reporter, 438th District Court
San Antonio, Texas 78205 210.335.1531
REPORTERIS RECORD
VOLUME 1 OF 1- VOLUME
TRIAL COURT CAUSE NO. 2013_CI-15828
IN THE MATTER OF
THE MARRIAGE OF
GREGORY MARSHALL
AND
DAWN NEERTNG
I
AND IN THE INTEREST OF A.M., A-M., and A.M.
rN THE DISTRICT COURT
131ST JUDTCIAL D]STR]CT
BEXAR COUNTY, TEXAS
!@TION EOR COISTEMPT
On the 4th day of March, 2A16, the following
proceedinqs came on to be heard i-n the above-entitled and
numbered cause before the Honorable Gloria saldana, Judge
presiding, held in San Antonio, Bexar, CounLy, Texas:
Proceedinqs reported by computerized stenotype machine;
Reporterrs Record produced by Computer*Assisted
Transcription.
Guardian House
I have made several phone calls to the Guardian House the entire year of 201"6 concerning a court order
for visitation with my children. There was a new order put in place July 13th 2016. My ex-husband went
through the intake process on August 2nd 2016. When I called the Guardian House in September and
twice in October (refer to photos of phone logs), I was told that no new court order was on file at the
guardian house and I asked if they had been contacted by GregoryJ Marshallof the San Antonio
Fatherhood Campaign and I was told no. Of course these were lies and in fact GregoryJ Marshall
corresponds with the Guardian House on a regular basis. All members of the San Antonio Fatherhood
Campaign have volunteered at the Guardian House for the supervision of parents and children, and the
fact that I am forced to do any business with this organization is a conflict of interest. The Guardian
House is owned by Family Services Association and the same organization funnels large amounts of
capital into the San Antonio Fatherhood Campaign.
I opened an email in October and found a copy of the new court order and also found a statement
stating that Gregory Marshall had completed his intake process. I took it with me to the Guardian House
and I paid 25.00 and set an appointment for the intake process. I then shared my story of being lied to
when I called. The reply I received was "Oh Well". I have not seen or spoken to my children for 2 and
half years this is not an "Oh Well" matter to me and I find it highly unprofessional that they are lying and
minimizing the situation.
When I returned to the Guardian House for my appointment for intake I found that one of the
employees had cancelled it. I made another appointment 1"0 days out from this one. When I arrived yet I
was told I had no appointment and asked what she was talking about? She said someone had called
claiming to be me and cancelled the appointment. I never called the Guardian House and cancelled the
appointment. I stepped out due to being upset and decided to make another appointment. When I was
making the appointment there was a young lady laughing behind the counter, her name is Shay. You can
bet if you check the times of all my calls and compare them to Shay's work schedule they will match'
This is a business and they are working with children what they do or do not do will effect these children
and their parents forthe rest of their lives it is no laughing matter and this is no place to playing high
school games. I would expect empathy and compassion when it comes to the people working at the
guardian house.
Two days later when I was finally able to complete my intake process I was confronted with shay once
again laughing as if she has played such a clevergame to help Gregory Marshalland send me chasing my
tail isn,t she a clever child. I talked to the Supervisor at this time and gave her allthe details and she to
minimized the situation and the unethical manner in which her employees lye to parents calling the
guardian house. lwas told that it would take two weeks before lwould be able to have a visit. Due to
contacting the custodial parent and getting his cooperation'
On November 16th 20L6l received a callfrom the Guardian House telling me that lwould be able to
have visitation however I could only request visitation for the Saturdays according to the court order
between Sunday and Tuesday each week. She called me on Wednesday the after,.lyasSlle to request
visitation and the following week was Thanksgiving and they would be closed and I wouldnTEH-+ny
visitation that week either. of course it was Gregory Marshall that caused this extended two weeks with
no visitation after all he volunteers at the guardian house and works closely with them and their policy's
on regular basis. on March 4th 20L6 he sat in a court of law and argued with the Judge and said he didn't
feelthe mother of his children should ever see his children again. Now he has manipulated the Guardian
House staff into making sure his children never see their mother again even though he was the parent
removed from the home by CPS.
On November 29th 20L6l went to the Guardian House in person to request visitation for the following
Saturday. First I was told I had to request via phone and I could not come in. By phone? Yea just like the
phone call made cancelling my appointment yet I never called. Then I was told that they were booked
up for the next two weekends and I would be put on a waiting list. lt shouldn't surprise me with
everything this place has put me and my children through. So I don't get visitation with my children this
month either because after the first two weekends that is supposedly booked they are then closed for
the holidays of course children shouldn't be able to see their parents during Christmas great family
values from a place called family services association.
So what we see here is corruption, coercion, and a huge conflict of interest.
I will not be darkening their door steps again and they will not be getting 135.00 for a one hour session
with my children. And for this price I don't even get the recording to take to a court of law, and they
shared with me they will not notify CPS if my children are telling us in the session they are being abused.
Teachers and Care providers are required to contact CPS but the staffof the Guardian House turn a blind
eye.
I don't see how these employees can even do their job with bias when the members of the San Antonio
Fatherhood Campaign are calling and coercing the staffwith theirs lies and talltales.