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Support Our Fight for our Granddaughter

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Please help us to save my 4-month-old grandbaby from a dangerous situation.

I currently have temporary custody of my 4-month-old granddaughter since birth, and I am in the fight of my life. A fight to keep her safe. A fight against Suffolk County CPS and Suffolk Family Court. I have paid $12,000 in legal fees already, and we are only 4 months in. I haven't even been heard yet. I have a long road ahead, and I'm not willing to give up just yet. A fight I never thought I'd be fighting and a fight I do not wish upon anyone. Fentanyl! Fentanyl and heroin have stolen my daughter. While trying to get her the help she desperately needs and trying to understand how this all could happen to my family—just when you think things cannot get worse, they did!

Here is our story:
I have learned so much along this short journey, and never in my life did I ever think I would be asking the community for help. Unfortunately, I have reached my limit financially. We work hard like most do. In today's world, it's hard as we all know. Who would have thought though that any little bit of money we would try to save would be going to fight the system. A corrupt system.

My granddaughter was born in November in Suffolk County. That is when I received the call from CPS asking if needed—if I would take her temporarily. At first, it was alarming, but for everyone who knows me, knows I could never turn my back. After all, I have custody of her older sister. I started to prepare and buy all the essentials to bring home a baby, something I'd never thought I'd be doing again. We spent the first 4 weeks in the NICU. She had a positive tox, which led to additional medical care and now ongoing medical care. During this time, the fight for her safety had already begun. The fight against fentanyl and the corrupt system. The constant back and forth with CPS trying to understand the decisions they were making and the multiple consults in a short time, knowing already I'm going to need a lawyer to represent me. After endless conversations, they asked me to be in court for a temporary custody hearing. I went, and the parents did not show up. The judge terminated their rights and awarded me temporary custody. The judge also put in place orders of protection and told me very firmly if I do not follow them, I will have both my granddaughters removed from my custody. I agreed.

One afternoon, I headed to the NICU like I've been doing daily, and the father and his mother were in the waiting lobby. I called CPS and was told the judge issued an order for visits. I went in, and the nurses were scrambling around to hold an emergency meeting on how to handle this. Concerned about fentanyl residue, his 21 prior convictions, and the fact that he was banned from the hospital just 2 weeks before for using drugs in the bathroom and having a physical altercation. They had security escort, gown, gloves, mask, and rules in place to not touch the baby. What could I do? Nothing! The judge signed an order! The nurses had measures put in place.

Finally, right before Christmas, our little girl came home to meet her big sister, and that was over! Not for long!

First week of Jan. Court again.

This time, I came with my lawyer and a note from the pediatrician stating the baby cannot go out for 6 months due to having a compromised immune system. So now at this date, the judge orders visits in MY HOME supervised by CPS. A man who was banned from the hospital. A man with 21 criminal charges and an addict. Not one person asked me if I was okay with this. Even the baby's appointed lawyer agreed and walked on by. How can I put protocols in place myself for her safety or for my family? I was in shock! No matter what my lawyer was saying, nothing was being heard. Our lawyer's office are award-winning family law attorneys, but it was like we were invisible.

CPS tried scheduling it, and the father was not cooperating. Then they were not able to provide a supervisor. Before we know it, we are back in court.
I, at this court date, was being accused of not cooperating because CPS was not telling the judge the father was not initially cooperating and they couldn't get a supervisor in place. What?
February 11th, back in court. My lawyer is running late due to another court case, and the judge and other lawyers were informed. We are called in anyway, and the case went on without my representation. The worst one yet. CPS granted his mother to be the supervisor of visits in MY HOME. (There is a backstory to this family that unfortunately I am unable to tell here.) She should have never been approved given the backstory. Let alone in my home. I have other children here and my family. Also, the judge wanted the father and I to communicate the visits as well. A man I had no prior communications with.
Now everyone is telling me to have my own supervisor or be the supervisor myself. I make arrangements for a detective to supervise the visits and I call CPS to inform them. The response is mind-blowing.
I am not allowed to choose the supervisor; the father gets to pick his supervisor! In my house! The father's rights have been revoked.
I cannot be a supervisor myself because a background check was never done on me. What! I can raise the baby, but I do not qualify to supervise a visit with her IN MY HOME?
So I ask to be approved as a supervisor. I'm told it takes too long and if the courts see me as not cooperating, the baby will be removed from my care and put into foster care.
I call Nassau CPS—we have a secondary case worker from Nassau because I and the baby live in Nassau. She tells me the background check is instant and she will bring the forms to sign. Great! Didn't work... Suffolk CPS told me it was the wrong form. I called NYS CPS to ask them the form used and they told me it's the same form for all of NY. So I was lied to.
During this time, I spent days and days of phone calls. My biggest concern being fentanyl residue. Up to this point, he still hadn't been tested and no records from any programs were confirmed. His lawyer just stated he's clean and in a program each time we appeared in court.
I called CPS NY to file a complaint and asked about protocols for fentanyl use and residue.
The state welfare
The social workers association.
Nassau County CPS
The state commissioner
Suffolk County DA
Nassau County DA.
What I learned was that EVERY public official, lawyer, officer, caseworker, doctors, etc. ALL AGREE with my fears. Matter of fact, my fears grew even stronger after multiple conversations.
I learned that Nassau County has protocols put in place for situations like mine. For example—
If a parent uses fentanyl and they lose custody, they have to pass a drug test before each and every visit. If they pass, they are escorted to the visit by a court official and it is supervised by the CPS caseworker assigned only.
Because, and I quote—FENTANYL RESIDUE CAN KILL A BABY.
Suffolk County CPS protocols—NONE.
Nassau CPS caseworker assigned goes to court to speak on behalf of the case. Suffolk County it goes from the caseworker to her supervisor to a court representative for court.
The judges in Nassau County order programs, testing to be done, and a series of steps need to be completed before even having a visit.
Suffolk County—bonding time between parents is important weekly. Regardless of testing.
Our pediatrician received a call from CPS questioning us and the baby's health—she asked CPS the protocols in place and expressed her concerns. That fell on deaf ears. She took it upon herself to write a letter to the courts. Explaining the dangers of fentanyl residue and requesting that the father gets tested prior to visits and it be supervised by DSS only. Gowns are worn, hands washed, etc.
I gave it to CPS. Nothing!
So now I had to file for an emergency motion. So this could be heard in court.
We file the motion. 24 hrs later we are in court. Lawyers are in a conference with the judge for 45 mins before we are called in. My lawyer comes out to tell me they filed to have the baby removed from my care and put into foster. What! They would rather the baby be cared for by a stranger instead of being with her maternal grandmother, her family, and her sister?? All to see her for 1 hour a week and potentially put her in danger?
They negotiated more and I was told if I pull my emergency motion they will withdraw the request for foster care. So I really had no choice. However thankfully this time during the conference the Judge said my lawyer made some valid points. So he decided to have visits at the DSS office only supervised by DSS! Finally we are getting somewhere or we thought... we are ignoring the doctor's request for the baby not to go out due to a compromised immune system but overall this is better? The judge also finally ordered a drug test to be done that day.
That afternoon CPS was calling already to schedule the first visit. I made the appointment and then asked about the drug screening. Just to hear—we aren't sure why he did the drug test because we aren't told to suspend visits if it's a failed test so we will have to go through with the visit anyway.
What measures will be in place during the visit to ensure the baby's safety? Well if you want them to wear gowns you'll have to supply them! Okay (wow). Do you have Narcan readily available in the event of an emergency? And if so is your staff trained to use it? No. Okay wow. So you all do know that in the last 24 months 100s of babies and toddlers have overdosed and or died from fentanyl residue and being you all aren't testing and or ignoring positive results how would you handle a possible emergency? Oh I don't know. This situation is all new to us. New to you all or you never had a grandmother fighting for safety?

Fast forward only 1 week. We had a visit. In fear but I was being threatened again. Just 1 visit under the new court order. CPS comes to my house for a visit—they inform me that the father and the paternal grandmother put in a request to have the baby dropped off at their house for Easter. Excuse me? You all are considering this? Well they do have rights too? What rights? There is an order for supervised visits by DSS only. Now you all are discussing having me drop a baby off to a home where fentanyl is being used? I won't do it, arrest me. How can you all expect me to knowingly drop off my grandbaby and know she is in danger? Should I say a prayer? Should I flip a coin and hope we are lucky? Why are we even discussing this? The other grandmother was approved to supervise. So we are ignoring the court order?
The court order that cost me $6000 and was withdrawn all because CPS DOESN'T DO THEIR JOBS! This is a life of an innocent baby for God's sake.

Now we may have to file another emergency motion to try and stop this and I can only imagine what's next for us. It has been endless. Endless stupidity, endless pacing back and forth plotting the next move I can make to fix this. Endless hours talking and talking.
Not to mention. Nassau CPS comes to my home 2 times a month. Suffolk one time a month. Court once or twice a month. 3-10 phone calls a week from CPS both Suffolk and Nassau. Meanwhile they schedule the appointments to go visit the father's home with his mother one time a month.
I have to drive 40 mins to the visits once a week for 1 hour and 40 mins home meanwhile Nassau CPS location is 15 mins from me. No thought of the baby or me who rearranged everything to this all. I have requested numerous times for the case to be transferred to Nassau being the baby's address is my address, my daughter's legal address is my address but the father is in Suffolk so we should make everything easier for him apparently. Plus Nassau has protocols in place for this situation and Suffolk has yet to catch up.

I never in a million years thought I would be begging for help from others. I never ask for help. I try to always offer help. I have contemplated for weeks now to ask. I'm desperate now. All the money will go to legal fees only and if by chance we have any remaining when this is over I will help another family walking in similar shoes.

My goal in this is the obvious—keep my granddaughter safe. I also want to keep my granddaughters together. My other granddaughter has been through so much in her short life and I finally have her in a really wonderful place. How would I begin to tell her mommy left and daddy left due to addiction and now your baby sister is leaving too. My heart hurts even saying that.

Lastly I will not stop fighting for CPS to have protocols in place and for Suffolk Family Court to do their jobs with the best interest of the child in mind.

This was longer than I thought. I could tell you so many more conversations and so much more that we have already been through but I don't want to bore you all even more.

The world is scary, the criminal justice system is scarier and Child Protective Services is a nightmare. I do not wish this on anyone.

My grandbabies are my world and I am very lucky to have the ability to fight for them this far. ❤️

My lawyer is predicting a minimum of 15 months of this and we are 4 months in.

If you are unable to contribute at the very least we hope you can find it in your hearts to pray for us all. Prayers are very much needed.
Just when I had some relief it lasted for 5 minutes.
Thank you for taking the time to read our story and for just considering to help.
I plan on posting updates as I navigate this journey.
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    Organizer

    Lorraine DiCarlo
    Organizer
    Massapequa, NY

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