Posted on 02/19/2003 6:49:13 AM PST by hdrabon
Start Of Stratton Case Might Be The End By Allison Hart
Mecklenburg commissioners aren’t the only ones who will be reviewing the Stratton case next week. On Monday, Feb. 17 the Strattons will go before the North Carolina Court of Appeals to contest the legality of one of their first court hearings.
The Strattons claim their adjudication hearing, held on March 12, 2001, did not follow due process laws and that they were coerced into forfeiting their right to present evidence and witness testimony during the hearing.
In juvenile court, the adjudication hearing determines if children brought into the custody of the DSS are abused, neglected or dependent; and where the children should live during the series of hearings that determine their families’ futures.
In recent years, Mecklenburg County courts have tried to resolve the bitter court battles in child custody cases by referring parents and DSS social workers to mediation sessions. During those sessions, the parents, their attorneys and the department develop an agreed-upon document that explains the family’s situation at the time their children were removed from the home. The parents and social workers then sign the agreement that the presiding judge uses to clarify the facts during adjudication hearings.
Jack and Kathy Stratton said they never fully agreed to the mediation document in their case, but felt pressured to sign it because they were promised it would expedite the return of their children. Jack Stratton said the agreement depicted his family’s living situation as much worse than it really was, but he said he was reassured by his then-attorney that he would eventually be able to present his own evidence in court.
However, when the Strattons tried to voice their opposition in court to some of the document’s assessments, the presiding judge chastised the parents for wasting the court’s time.
As evidenced by court transcripts from the March 12, 2001, hearing, District Judge Libby Miller continually asked Jack Stratton why he had signed the document if he didn’t agree to it, and threatened to hold him in contempt – throw him in jail – for disagreeing with the mediation agreement.
Later in the hearing, Miller reversed her tone and told the Strattons they did not have to agree to the mediation document if they did not want to.
The Strattons said the situation and judge’s demeanor left them shocked and bewildered. They said they agreed to sign the mediation document, assuming that their day in court would come, and that rocking the boat could cost them their parental rights.
The Strattons found out too late that they should have started rocking much earlier. Now, the parents are asking a higher court to decide if the 2001 adjudication hearing was fair.
Kathy Stratton said she doesn’t have much faith in the Court of Appeals after it turned down their appeal last year to stop the DSS from vaccinating their children. The Strattons had not vaccinated their children on religious and medical grounds, but the courts ruled that since the children were in the custody of the state that the DSS, not the parents, had control over their medical decisions.
The Strattons learned last week that the same judges who turned down their vaccination appeal will preside over the hearing Monday.
There’s no telling how long their appeal hearing will take, but Mecklenburg commissioners are hoping they’ll be able to return to Charlotte by Tuesday afternoon for a scheduled behind-closed-doors meeting with them.
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