Our Daughter Was Illegally Taken by CPS Due to Autism
It started with our daughter Holly in Albuquerque, New Mexico. We had come home after her surgery in May 2011 and an hour after us being home, 8 officers from Bexar County Sheriff’s Office showed up and asked my husband, then boyfriend at the time, to come outside with his hands up. Another officer told me to go get my daughter’s clothes and diaper bag, bottles, and formula and to bring her car seat. We did as we were told.
We had no idea that The University of New Mexico Hospital had reported a Subdural Hematoma found during the MRI required for the surgery to The Children Youth and Families Department and BCSO. Holly was placed on a 48-hour hold and we didn’t get her back until my partner’s aunt stepped in to care for Holly. We signed a safety plan where it said my mother in law, brother in law, and stepson were not allowed around Holly.
We were asked to move to a suitable residence after my husband’s landlord/aunt refused to fix plumbing. We moved and found a nice apartment. I believe the case was closed in January 2013.
I asked for a different Service Coordinator because the one I had was on vacation a lot and difficult to keep in contact with. Apparently, it was illegal for me to ask for a different Service Coordinator and I was reported for making such a request.
As the years passed we got reported for almost everything related to Holly’s care.
I was reported for helping a nurse take Holly’s temperature at the doctor’s office. I was for cited sexual abuse and Missing And Exploited Children was called to come to check on Holly. Holly has Autism and was non-verbal at the time. I was reported for giving Holly a drink of water and her choking on water. I was reported for not showing up for an appointment that was in our home. Someone who was supposed to be taking care of Holly through Respite Care reported us because she had to feed Holly and didn’t want to look for food.
What kind of caregiver gets a job but doesn’t like watching children and is on her phone the whole time?
Yes, we left Holly’s caregiver with her but if she didn’t want to watch Holly she could have said, take your baby with you, and not accepted the job. I had suggested to my husband that we take both our children Esmeralda and Holly with us but he didn’t want to wake them. Holly ran away to the park in 2015 and we were again reported for that even though my husband found Holly and brought her home safe. We were reported by Etheline Jose, SLP, and her report is false because she wasn’t with us at our home on Esmeralda’s 2nd Birthday as she claimed.
On April 18, 2016, we went to an FCM (Family-Centered Meeting) at CYFD on San Mateo Blvd in Albuquerque, NM. I tried warning my husband that it was best to leave the state instead of meeting with him but he insisted that they were there to help. I told him how I was a foster child and how they don’t help Families but he refused to listen to me. Jamie Blount a Senior Investigator with CYFD and his Supervisor Tracy Hollingworth both used tactics to cause us to appear unstable to remove our kids. Jamie Blount filed an Affidavit of False Allegations on me and my husband. Holly was pulled from me like I was a predator. She was crying and hitting herself. They used the fact that Holly played and got dirty at school to say that she wasn not properly cared for in our home.
The case has been open for 1,692 days as of today. My mother in law died trying to make us believe she would agree to a Guardianship. I lost years of memories by having to remove my Facebook and Twitter Accounts because of a Restraining Order CYFD filed where they lied about me. I found the Title IVE lies that are holding back the Guardianship. We recently got Educational Decisionmaker Rights but no Visitation to participate in our childrens education. I exposed CYFD to get my girls placed with my mother in law on June 13, 2019. I have a Change.org Petition still up and have sent alot of my evidence to the Department of Justice and Civil Rights Division and US Department of Education.
SECOND JUDICIAL DISTRICT
CHILDREN’S COURT DIVISION
COUNTY OF BERNALILLO
STATE OF NEW MEXICO
STATE OF NEW MEXICO, ex rel
CHILDREN YOUTH AND FAMILIES DEPARTMENT
IN THE MATTER OF HOLLY GRIEGO,AND ESMERALDA GRIEGO,
CHILDREN,AND CONCERNING RESPONDENTS,
MONICA GRIEGO AND MARK GRIEGO
MOTION TO DISMISS TERMINATION OF PARENTAL RIGHTS
I. Based upon the allegations, in this case, All allegations have been remedied by the parents, MONICA GRIEGO AND MARK GRIEGO.
Parents have completed the following courses:
1. MANDT Certificates Monica & Mark Griego Completed on 4/22/2017
2. Positive Behavior Support Strategies on 05/28/2017
3. CPR & First Aid on 6/22/2017
4. Circle Of Security Parenting Completed on 4/23/2018
5. Mark Griego Completed The “Services at Home Caregiving” Training through Heritage Home Healthcare & Hospice on 4/26/2017
6. Mark Griego Completed 3 Parenting Classes at Dragonfly Counseling Associates and has completed 17 months of ABA Training
7. Monica & Mark Griego Completed the Autism Spectrum Disorder Potty Training Online Course on 5/22/2017
8. Monica & Mark Griego completed the Autism 101 Online Course from Autism Society on 4/26/2018
9. Monica & Mark Griego attended the Families First Out and About: Preparing for Community Routines TRIAD Class on 12/02/2017 at UNM CDD.
10. Monica & Mark Griego attended the Successful Sleep Strategies Class at UNM CDD
11. Monica Griego completed Domestic Violence/Anger Management & Parenting Classes on 8/5/2018 through Dragonfly Counseling Associates. She found the agency on her own. It was not referred by The Department. Elizabeth Ewins, LPCC wrote a letter to verify this.
12. Monica Griego has been working with Independent Living Resource Center Since May 2017, she was removed from ABA Training in June 2017. Sue Haugen wrote a letter to verify that The Department never referred to Monica & Mark Griego to their agency. Mark Griego will be filling out an intake form on 2/11/2019 with Kate Bennett.
13. Monica Griego completed 1 credit hour of Continuing Education on the topic of Activities of Daily Living on 12/17/2018
The caseworker Amanda Veracka is no longer working with our family on the treatment plan and has not since May 11, 2018, when we stopped receiving updates from the foster parents after they threatened by email to move the children which actually never happened. Upon return from leave, the caseworker never attempted to meet with either parent, whether together or separate, and has repeatedly accused us of missing meetings. The caseworker was finally removed from the case due to her conduct with our family.
We respectfully petition this court to respect the rights of parents to parent their own children per Troxel v. Granville. The Court should act to terminate parental rights only in cases where a “reasonable person” would agree that circumstances are sufficiently dire. The burden of proof is clearly on the State to show “clear and convincing evidence” of such extreme danger. Thus far, the state has not provided such evidence. We the parents of Holly and Esmerelda assert that no compelling circumstances exist and such accusations and charges are highly exaggerated or completely false.
1. First extreme accusation is: Jamie Blount mentioned in his Affidavit “all of the walls had been scribbled on” That is untrue. Holly’s bedroom had scribblings on them and they were painted upon us moving from the apartment.
2. Second extreme accusation is: Jamie Blount mentioned in his Affidavit “Mrs. Griego was discussing that multiple family members that sexually abused her” That is untrue. Jamie Blount never listened to anything I said. I had stated that my Uncle Alfred E. Gutierrez sexually abused me as a child and attempted it again when I was 14,. This caused me to leave my mother’s home. When we got one again after being homeless I moved into my Paternal Grandmother’s home to finish high school.
3. Third extreme allegation is: Jamie Blount stated in his Affidavit “Mrs. Griego didn’t know the name of Holly’s Caregiver” That is untrue. I had her first and last name which is Clara Castro on my phone and called her, she was in the process of getting licensed through The Bair Foundation and requested Holly be placed under Treatment Foster Care and The Department refused to place Holly with her, and didn’t check on her background. I have frequently communicated with Clara from 2016 until the present. She has never heard from The Department regarding Holly.
4. Fourth extreme allegation is: Jamie Blount stated in his Affidavit “Mr. & Mrs. Griego were unable to locate a safety monitor for the children” That is untrue. We gave The Department the information. They refused to use it accurately and honestly to find a safety monitor.
5. Fifth extreme allegation is: Jamie Blount stated in his Affidavit “Mrs. Griego refuses to work with service providers” That is untrue. the Service Provider at Agave was working with me at the time my children were removed.
6. Sixth extreme allegation is: Jamie Blount stated in his Affidavit “Mrs. Griego is obsessed with the uncle that shook Holly.” That is untrue. Concerned for the children DAVID A GRIEGO continues to be around. He has a relationship with JEANNIE REQUA and her relatives have children. Correction: Dr. King accused Monica Griego of Shaking Holly as an Infant in her Neuropsychological Evaluation. He failed to listen to Monica Griego mention that David Griego admitted to shaking Holly after the BCSO Investigation ended, and the case was closed. Dr. King did not appear in court for the ADA Motion and expected Counsel Nita C. Day to use the Neuropsych Evaluation which had a lot of typos and opinions, not facts.
Dr. Alexander also didn’t appear at this court hearing and also expected his evaluation to be used. The Department didn’t uphold either recommendation and therefore without those recommendations, the children should have been returned. The doctors have CYFD Contracted Not Independent Practicing Doctors which makes their Evaluations written based upon Allegations that The Department received with most being falsely exaggerated or made up. Amanda Veracka spoke with Dr. Alexander and asked him to write a specific list of recommendations for Monica Griego, although Amanda Veracka will lie under oath and claim she doesn’t recall this, Monica certainly recalls it because Amanda went into Dr. Alexander’s office while Monica waited outside. Amanda took Monica to the appointment in a state vehicle and Amanda smoked outside before getting back in the state vehicle with Monica to take her back to The Department’s Lamberton Office.
7. MARK GRIEGO is correct in stating that “WE PARENTS” only put the girls in their room for naps and at bedtime. We never locked them in their room as any kind of punishment, and frequently checked on the children. The doorknob now in the children’s bedroom is a closet door that cannot be locked from the inside or outside of the door.
8. MARK GRIEGO is correct in stating that ESMERALDA GRIEGO never placed a cockroach in her mouth. The cockroach issue was overexaggerated by Jamie Blount.
9. MONICA GRIEGO responded as she did because she was asleep when The Department showed up. The mother worked the night shift at The Cheesecake Factory.
10. The children. HOLLY GRIEGO AND ESMERALDA GRIEGO were not kept within confines such as limited to a particular location confined as stated in Ex-Parte Custody Order. This family requested assistance many times from The Department each time a report was made with their requests going unheard by The Department as it has been in the past two years.
11. MONICA GRIEGO AND HOLLY GRIEGO have been the targets in this case. Holly and Monica’s disabilities have been used against them.
The parents seek Immediate Dismissal of this case and the Children be Immediately returned to their Parents.
II. Holly completed Early Intervention Services with YDI , Inspirations, PB and J Family Services, and Liferoots. Liferoots Team upon exiting services with Holly attended a UNM CDD Appointment with MONICA GRIEGO AND MARK GRIEGO.
Holly attended Early Intervention Services from 12/26/2011 until 12/09/2013 that Holly entered an Autism Specific Preschool at Mark Twain Elementary School. Esmeralda began attending La Madrugada Early Intervention Program, along with Liferoots beginning 2 months of age, and completed the PB and J Family Services Program before and while in Foster Care with her parents, MONICA GRIEGO AND MARK GRIEGO present.
ESMERALDA GRIEGO was receiving Early Intervention Services with PB and J Family Services and Liferoots upon removal from the home. The Parents, MONICA GRIEGO AND MARK GRIEGO both enrolled their children in these services and sought them without referrals from The Department before The Department removed the children from their care.
The parents, the mother especially have advocated tirelessly and persistently for HOLLY GRIEGO AND ESMERALDA GRIEGO, their disabilities, needed services and to date, the family has been continuously denied services by The Department, despite all efforts mother has made.
To date, no reasonable Efforts have been made by The Department to Reunify the children HOLLY GRIEGO AND ESMERALDA GRIEGO with their parents despite many requests and behaviors of the children wanting to return home. The Children’s requests are being ignored by The Department. Holly shows wanting to return home by her behaviors that The Department fails to pick up on her cues of communication. Esmeralda has said on the Friday visit before Thanksgiving 2018 “Mama, I want to go to your house and have turkey” I’m not going to Donna’s house, I’m going to your house” I told Esmeralda, “I wish with all my heart you could come to my house, Instead let’s sing a song” Esmeralda’s requests get more frequent. She insists on coming home. The Parenting Coach should be reporting this to the courts. I am aware that The Parenting Coach has participated in lying with the Social Worker Amanda Veracka to support Amanda’s false allegations about the behaviors of the mother. Despite all the mother has been through with The Department damaging her, she has continued to respect them as human beings.
A. The mother MONICA GRIEGO realized the dangers to her children, She attempted many times to communicate to The Department in person that she needed ABA Services for HOLLY GRIEGO. ESMERALDA GRIEGO had not been evaluated yet for Autism. The Department gave the children these services only after they were in foster care and never gave them to the parents so that they could adequately parent their children, to avoid a need for foster care. The Department gave the Mother MONICA GRIEGO 11 Months of ABA Therapy Sessions while the children are in custody, and has reintegrated the Father MARK GRIEGO into ABA Therapy for the children in August 2018, In that same month removing some of his therapy time with Esmeralda and transferring her sessions to daycare and the foster home due to the report he made to his attorney Susan Burgess Farrell about Esmeralda being locked in a state vehicle in August 2018 when the caseworker Amanda Veracka was on leave, forcing other employees at The Department to take responsibility of HOLLY GRIEGO AND ESMERALDA GRIEGO’S ABA Therapy Sessions including transporting the children to and from the sessions when APN Staff could not do it.
The Mother MONICA GRIEGO remains unable to attend the ABA Therapy despite all her attempts and the ABA agreement was not being upheld by The Department or AST RBT Christine Montoya who had the parents present, but not allowed to engage in two weeks of sessions in the month of June due to the Mother reporting Holly’s bruises and scratches on her leg to Harry Montoya Constituent Affairs Liaison which did nothing to address any issues regarding the children, and instead, the parents get punished. The Department had Christine Montoya test the parent’s anger issues as The Department does several times with other client’s cases. No therapist should participate in unethical activities which means being held accountable for the social worker’s cellphone after the social worker has clocked out of work and went home. Christine also participated in Parental Alienation of the children by repeatedly telling the parents in the sessions, “Do not coddle Esmeralda” This therapist has no children of her own therefore has no sympathy for the Psychological Damage the parents have faced by The Department.
B. At the FCM Meeting on April 18, 2016, the parents were under extreme fear when Tracy Hollingworth decided to create a dramatic situation out of the rod iron on HOLLY GRIEGO AND ESMERALDA GRIEGO’s bedroom windows many times interrupting Whitney Andrews, Holly’s preschool teacher who understood the dangers children with an Autism disability face if a home is without locks, door alarms, or window locks including possible drowning or elopement. This teacher was not defending the parents but was defending her student, the student’s disability, safety, and knowledge of the disability because she worked closely with Holly. The teacher realized the trauma of Foster Care would affect Holly for the rest of her life and promoting ways of intervention and assistance, not removal. HOLLY GRIEGO has been affected severely and has been the target of this case continuing due to her being a Shaken Baby Syndrome Survivor.
C. It is necessary for the safety and well being of the children that they return to their parents, and the Return to Custody Paperwork began Immediately.
D. The Parents, specifically, Monica Griego has reported to the Office of the Inspector General of Social Security Administration the Fraud that has happened in this case in regards to the children, HOLLY GRIEGO AND ESMERALDA GRIEGO due to Social Security stating that the payment of $187.00 and $1,668.13 was sent because they believed the children were home and it was a CYFD mix-up that was never explained, the only explanation is fraud due to foster caregiver wanting more money for caring for disabled children.
E. Foster Caregiver reported on AST (Autism Spectrum Therapies) Clinical Review Form that Holly was kept in a pack and play at all times while at home, and Esmeralda was kept in a crib at all times. These are both FALSE ALLEGATIONS. Also reported that Holly and Esmeralda were made to watch Frozen repeatedly for most of their life. ANOTHER FALSE ALLEGATION. The Foster caregiver does not understand Autism and was not trained for handling behaviors that Autistic children have or what triggers them and accused someone of sexually abusing Holly. ANOTHER FALSE ALLEGATION. The Foster caregiver reported that Holly was very dirty and had bedbugs. Another FALSE ALLEGATION. The apartment had bedbugs on the beds, We contacted The City of Albuquerque to tell us how to get rid of the bedbug issue, they came to our apartment with masks and protective gear on and investigated the apartment and we followed their instructions and have NO BEDBUGS since May 17, 2017. Holly was removed from school on April 18, 2016, and always played at school and came home messy, Holly likes to play in sand and dirt. Bedbugs are in motels, and almost all over Albuquerque due to people placing their furniture on the streets.
F. Recommendations from Behavioral Health Works mentioned that: Direct services are recommended to take place either in the home or a clinic-based environment. We feel that the foster caregiver and her family did not like that ABA for Holly and Esmeralda would be mostly in the home as many ABA Agencies will recommend it, due to the children learning first in the home setting. AST (Autism Spectrum Therapies) also recommended ABA Therapy in the home setting for Holly and Esmeralda on their assessments done for both girls. This is another reason for Reunification. ABA Therapy Services can re-start in the Griego Family Apartment upon the return of the children and we have enough evidence to strongly prove that Foster Care is not the place for Holly and Esmeralda due to the statements the Foster Caregiver made in two of her emails.
G. Here is what the foster mom stated in an email in November 2017:
“As you can see both girls are doing well. They are busy with school and ABA. Not much time for them to play and be ‘normal’. ABA has been good for the girls. Unfortunately, the other kids in our home have been neglected because of ABA. My daughter does enjoy gymnastics twice a week because you (Amanda) are awesome and amazing to have the ABA services in your office. But she (my daughter) and my 6-year-old twins are unable to do after-school activities – chess club, drama club, etc. I am trying to be patient. My kids are great about it. BUT it is a lot! I know ‘all I have to do is be at home all those hours…seems great! It’s the stress of making sure I pick up everyone after school in time to be home for ABA. It’s the stress of having to pay for aftercare for my daughter on Wednesdays…I am committed to continuing ABA until the girls either go home or a TPR happens. I am not complaining…this is a lot of tho’. The other kids here are just as important and have needs too.” This was the second complaint from the foster caregiver.
The first complaint was sent to Previous GAL Steve Mazer who did nothing about the Foster caregiver complaining. In the last hearing where he was present he seemed to realize that we are good parents who made mistakes, but then did a 360 degree turn and was in favor again with The Department despite him being aware of Holly being restrained at CYFD even when Holly didn’t display self-injurious behaviors, I also notified John Duran, my first counsel of Christine squeezing Holly’s jaw to force her to speak and that was the second time I became very concerned that this Registered Behavior Technician doesn’t have the qualifications to work with my daughter if she can do that to her in session using books to cover the observation glass citing that Holly got distracted, which wasn’t always true. I brought this up with Amanda Veracka and she never seemed to care as it wasn’t her child having their jaw squeezed.
I, Monica M. Griego am writing this letter to request a Formal Investigation for Criminal Activity by the following state agency being State of New Mexico, Children Youth and Families Department.
The state worker’s name involved in said criminal activity is Victoria Sena, Alysandra Newbill.
That individuals supervisor through said agency of State of New Mexico, Children Youth and Families Department, located at the address of:4501 Indian School Rd NE, Albuquerque, NM 87110 In the State of New Mexico.
In the County of Bernalillo, the supervisor’s name being, Megan Gonzales.
The laws and criminal activity involved are of the following starting with Misappropriation of state funds of the state of New Mexico, Children Youth and Families Department.
Funds being misappropriated by this worker are fund applied to court cost in the following court case/cases being JQ-2016-0076, held at the following court Second District Children’s Court, at the address of 5100 2nd Street NW, in the state of New Mexico.
I, the parent of Holly M.Griego and Esmeralda R.Griego, have been accused of neglect and Inadequate Shelter.
There haven’t been any final rulings on said allegations so by proceeding with said case this is misappropriation of state and county resources being the local justice system and courts.
This is a violation of civil rights in the area of Malicious prosecution occurring in the court of Bernalillo County with the case being JQ-2016-0076.
The following is the name of the judge or judges involved in the case, Judge Marie C.Ward.
The attorneys involved in the case are Mary Anne D’Arcangelis, and Susan Burgess Farrell for the defendant being the parents of Holly M.Griego and Esmeralda R.Griego and the parent’s name is Monica M.Griego and Mark A.Griego.
The attorneys for the plaintiffs being Dennis M.Drucker, and the plaintiffs in the case are the State of New Mexico, Children Youth and Families Department.
The criminal activity is Misappropriation of state funds by state workers accused, Misappropriation of state resources being the courts, Civil right violation by caseworkers resulting in Malicious prosecution, False pretense in a court case, Misappropriation of Federal funds obtained for children involved in said allegations, intent to defraud the federal government by illegal placement of a child in state custody and other civil right violation of denial of due process in a court case involving said state workers.
Monica M. Griego