Petition
Content
DEBORAH A. WOOD - #8025 Assistant Attorney General MARK SHURTLEFF - #4666 ATTORNEY GENERAL Attorneys for State of Utah 55 North University Ave., Suite 219 Provo, Utah 84601 Telephone: 801/812-5200 Fax: 801/356-2757 e-mail address: [email protected] IN THE FOURTH DISTRICT JUVENILE COURT UTAH COUNTY, STATE OF UTAH STATE OF UTAH In the Interest Of: JOHNSTON, Justice 02-27-99 JOHNSTON, Liberty 02-28-02 Persons under eighteen (18) years of age AMENDED VERIFIED PETITION FOR PROTECTIVE SUPERVISION Case Nos. 1044509 1044511 Judge Mary T. Noonan The State of Utah, Division of Child and Family Services (“DCFS”), by and through its attorney, Deborah A. Wood, Assistant Attorney General, hereby petitions this Court to find the children, Justice and Liberty Johnston, neglected and to award protective supervision of the children to DCFS. In support thereof, Petitioner alleges as follows: 1. This Court has original exclusive jurisdiction over the children and the subject matter of this Petition pursuant to Utah Code Annotated §78A-6-103(1)(c). 2. The children who are the subject of this Petition are as follows: Justice Johnston, an eleven-year-old female child, born February 27, 1999. Liberty Johnston, an eight-year-old female child, born February 28, 2002. The children currently reside with the mother in Utah County.
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3. The natural mother of the children is Kambra Johnston, who resides at 1150 North 400 East, Orem, Utah. 4. The natural father of the children is Tyler Johnston, who is incarcerated at the Salt Lake County Jail, but prior to that resided with the mother at 1150 North 400 East, Orem, Utah. 5. The family does not have a history of supported findings with DCFS. 6. The following incidents or facts, based on information and belief, support the conclusion that the children, Liberty and Justice Johnston, are neglected: (a) The parents have engaged in domestic violence incidents in the past. They argue and yell at each other. They have hit and pushed each other. Liberty told DCFS that the parents have anger problems and end up choking each other. Liberty reported that she was scared that the parents might hurt each other. Justice reported that her parents were going through some problems and having trust issues. The mother has sought 2 protective orders, most recently in June 2010. However, she requested that the most recent protective order be dismissed. (b) The parents have substance abuse issues, in particular with prescription drugs, which DCFS has concerns may place the children at risk. The police have been called on at least
2 occasions where according to the police report, that on one occasion, the parents appeared to be under the influence and on both occasions, the parents could not stay awake while at a restaurant; the children were present both times. The parents claimed that they were tired, although the father admitted to taking prescription medication on one of the incidents. Neither parent had a valid driver’s license so a family member was contacted to pick up the family. Liberty reported incidents of concern about the effect of the parents’ prescription drug use. Liberty reported that
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the mother had a seizure when she took a Soma. The mother states this was a reaction to Amitriptyline. The mother was recently discharged unsuccessfully from the House of Hope. The mother claims she is attending pre-treatment groups and AA/NA meetings. The mother told DCFS that she was referred to Promise IOP but that she now has a job so cannot attend treatment at Promise. The mother has an appointment for an updated assessment on Monday, January 10th. (c) The child, Liberty, has a lymphatic malformation on her face which may require medical evaluation and/or treatment. Liberty has had this condition since she was a baby and the area becomes inflamed when Liberty is sick. The mother told DCFS that it wasn’t an issue unless the area became swollen, red, and warm to the touch. DCFS observed the malformation to be swollen; the area was beginning to bruise. Liberty stated she usually takes Tylenol or Ibuprofen. Liberty is aware that if the malformation gets too swollen, it can become infected or become a big tumor again. The mother stated that the only place that Liberty has had surgery is Primary Children’s Medical Center but she only had records of any treatment occurring when Liberty was 18 months old. The mother claims that Liberty has been seen at the Alpine Pediatric Clinic, at the Herriman Clinic with Dr. Peterson, and is currently being seen by Dr. Gordon and Dr. Hillam at the University of Utah Parkway Clinic. The mother will sign releases for these medical providers. (d) Justice also reported to DCFS that she hasn’t felt happy for awhile and that she has been depressed because of being bullied at school and the parents separation and domestic violence. The children often fight and are aggressive with each other. The parents believe that
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this is normal kid stuff. From August 30th until November 22nd , Justice has missed 11 days of school (7 which were excused) and Liberty has missed 16 days of school (7 which were excused). The girls have been tardy several times as well. (e) The mother has the following criminal history: August 2009, forgery and theft by deception, mother entered into a diversion agreement; April 2008, acquire controlled substance by prescription alteration; April 2008, telephone harassment; May 2007, operating vehicle without insurance and driving on suspended license; and April 2007, DUI. (f) The father has the following criminal history: September 2009, plea in abeyance for drive with measurable controlled substance; April 2009, DUI; April 2008, uttering forged or altered prescription and false/fraudulent insurance claim; March 2008, reckless driving; June 2006, reckless driving alcohol/drug related; March 2006, failure to report accident with unattended vehicle and negligent collision; July 2004, disorderly conduct; September 1994, DUI; November 1992, battery and trespass; April 1992, DUI; February 1992, DUI and open container; and October 1990, DUI. 7. The children are not of Native American descent, therefore, the Indian Child Welfare Act does not apply. 8. It is in the best interests of the children, Justice and Liberty Johnston, that DCFS be awarded protective supervision of the children.
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WHEREFORE DCFS prays for entry of an Order: 1. Determining this Court has original exclusive jurisdiction over the children and the subject matter of this Petition pursuant to Utah Code Annotated §78A-6-103(1)(c). 2. Determining that the children are neglected within the meaning of Utah Code Ann. §78A-6-105(25)(a)(ii) and (iii), in that they lack proper parental care by reason of the fault or habits of the parents, and the parents fail or refuse to provide proper or necessary subsistence, education or medical care, or any other care necessary for the children’s health, safety, or wellbeing. 3. Awarding protective supervision of the children to DCFS. 4. Requiring the parents and children to cooperate with DCFS and comply with service plan requirements. 5. Continuing the appointment of the Guardian ad Litem for the children. 6. Awarding such other relief as the Court deems equitable and just. DATED this _____ day of January 2011. MARK L. SHURTLEFF Utah Attorney General ____________________________________ DEBORAH A. WOOD Assistant Attorney General
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I, STEPHANIE WRIGHT, declare under criminal penalty of the State of Utah that the foregoing is true and correct 1. I am an employee of the State of Utah, Division of Child and Family Services. 2. I have read the foregoing Petition, and attest that the matters stated therein are true based upon my personal knowledge, except as to those matters stated on information and belief, and as to those matters, I believe them to be true. DATED THIS day of January 2011. _____________________________ STEPHANIE WRIGHT DCFS CPS Caseworker
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CERTIFICATE of SERVICE I hereby certify that on the ______ day of January 2011, I caused a true and correct copy of the foregoing to be served upon the following by the method identified:
John Moody Guardian ad Litem 32 West Center Street, #205 Provo, UT 84601
Sent via: _____ E-mail _____ Hand delivery _____ Facsimile _____ U.S. Mails (postage prepaid)
Stephanie Wright, Caseworker D.C.F.S.
Sent via: _____ E-mail _____ Hand delivery _____ Facsimile _____ U.S. Mails (postage prepaid)
Kambra Johnston 1150 North 400 East Orem, UT 84057
Sent via: _____ E-mail _____ Hand delivery _____ Facsimile _____ U.S. Mails (postage prepaid) _____ Service of Process
Tyler Ronald Johnston 1150 North 400 East Orem, UT 84057
Sent via: _____ E-mail _____ Hand delivery _____ Facsimile _____ U.S. Mails (postage prepaid) _____ Service of Process
Jose Silva, counsel for mother Public Defender
Sent via: _____ E-mail _____ Hand delivery _____ Facsimile _____ U.S. Mails (postage prepaid)
Janell Bryan, counsel for father Public Defender
Sent via: _____ E-mail _____ Hand delivery _____ Facsimile _____ U.S. Mails (postage prepaid)
________________________________ Kay Allen Legal Secretary
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3. The natural mother of the children is Kambra Johnston, who resides at 1150 North 400 East, Orem, Utah. 4. The natural father of the children is Tyler Johnston, who is incarcerated at the Salt Lake County Jail, but prior to that resided with the mother at 1150 North 400 East, Orem, Utah. 5. The family does not have a history of supported findings with DCFS. 6. The following incidents or facts, based on information and belief, support the conclusion that the children, Liberty and Justice Johnston, are neglected: (a) The parents have engaged in domestic violence incidents in the past. They argue and yell at each other. They have hit and pushed each other. Liberty told DCFS that the parents have anger problems and end up choking each other. Liberty reported that she was scared that the parents might hurt each other. Justice reported that her parents were going through some problems and having trust issues. The mother has sought 2 protective orders, most recently in June 2010. However, she requested that the most recent protective order be dismissed. (b) The parents have substance abuse issues, in particular with prescription drugs, which DCFS has concerns may place the children at risk. The police have been called on at least
2 occasions where according to the police report, that on one occasion, the parents appeared to be under the influence and on both occasions, the parents could not stay awake while at a restaurant; the children were present both times. The parents claimed that they were tired, although the father admitted to taking prescription medication on one of the incidents. Neither parent had a valid driver’s license so a family member was contacted to pick up the family. Liberty reported incidents of concern about the effect of the parents’ prescription drug use. Liberty reported that
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the mother had a seizure when she took a Soma. The mother states this was a reaction to Amitriptyline. The mother was recently discharged unsuccessfully from the House of Hope. The mother claims she is attending pre-treatment groups and AA/NA meetings. The mother told DCFS that she was referred to Promise IOP but that she now has a job so cannot attend treatment at Promise. The mother has an appointment for an updated assessment on Monday, January 10th. (c) The child, Liberty, has a lymphatic malformation on her face which may require medical evaluation and/or treatment. Liberty has had this condition since she was a baby and the area becomes inflamed when Liberty is sick. The mother told DCFS that it wasn’t an issue unless the area became swollen, red, and warm to the touch. DCFS observed the malformation to be swollen; the area was beginning to bruise. Liberty stated she usually takes Tylenol or Ibuprofen. Liberty is aware that if the malformation gets too swollen, it can become infected or become a big tumor again. The mother stated that the only place that Liberty has had surgery is Primary Children’s Medical Center but she only had records of any treatment occurring when Liberty was 18 months old. The mother claims that Liberty has been seen at the Alpine Pediatric Clinic, at the Herriman Clinic with Dr. Peterson, and is currently being seen by Dr. Gordon and Dr. Hillam at the University of Utah Parkway Clinic. The mother will sign releases for these medical providers. (d) Justice also reported to DCFS that she hasn’t felt happy for awhile and that she has been depressed because of being bullied at school and the parents separation and domestic violence. The children often fight and are aggressive with each other. The parents believe that
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this is normal kid stuff. From August 30th until November 22nd , Justice has missed 11 days of school (7 which were excused) and Liberty has missed 16 days of school (7 which were excused). The girls have been tardy several times as well. (e) The mother has the following criminal history: August 2009, forgery and theft by deception, mother entered into a diversion agreement; April 2008, acquire controlled substance by prescription alteration; April 2008, telephone harassment; May 2007, operating vehicle without insurance and driving on suspended license; and April 2007, DUI. (f) The father has the following criminal history: September 2009, plea in abeyance for drive with measurable controlled substance; April 2009, DUI; April 2008, uttering forged or altered prescription and false/fraudulent insurance claim; March 2008, reckless driving; June 2006, reckless driving alcohol/drug related; March 2006, failure to report accident with unattended vehicle and negligent collision; July 2004, disorderly conduct; September 1994, DUI; November 1992, battery and trespass; April 1992, DUI; February 1992, DUI and open container; and October 1990, DUI. 7. The children are not of Native American descent, therefore, the Indian Child Welfare Act does not apply. 8. It is in the best interests of the children, Justice and Liberty Johnston, that DCFS be awarded protective supervision of the children.
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WHEREFORE DCFS prays for entry of an Order: 1. Determining this Court has original exclusive jurisdiction over the children and the subject matter of this Petition pursuant to Utah Code Annotated §78A-6-103(1)(c). 2. Determining that the children are neglected within the meaning of Utah Code Ann. §78A-6-105(25)(a)(ii) and (iii), in that they lack proper parental care by reason of the fault or habits of the parents, and the parents fail or refuse to provide proper or necessary subsistence, education or medical care, or any other care necessary for the children’s health, safety, or wellbeing. 3. Awarding protective supervision of the children to DCFS. 4. Requiring the parents and children to cooperate with DCFS and comply with service plan requirements. 5. Continuing the appointment of the Guardian ad Litem for the children. 6. Awarding such other relief as the Court deems equitable and just. DATED this _____ day of January 2011. MARK L. SHURTLEFF Utah Attorney General ____________________________________ DEBORAH A. WOOD Assistant Attorney General
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I, STEPHANIE WRIGHT, declare under criminal penalty of the State of Utah that the foregoing is true and correct 1. I am an employee of the State of Utah, Division of Child and Family Services. 2. I have read the foregoing Petition, and attest that the matters stated therein are true based upon my personal knowledge, except as to those matters stated on information and belief, and as to those matters, I believe them to be true. DATED THIS day of January 2011. _____________________________ STEPHANIE WRIGHT DCFS CPS Caseworker
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CERTIFICATE of SERVICE I hereby certify that on the ______ day of January 2011, I caused a true and correct copy of the foregoing to be served upon the following by the method identified:
John Moody Guardian ad Litem 32 West Center Street, #205 Provo, UT 84601
Sent via: _____ E-mail _____ Hand delivery _____ Facsimile _____ U.S. Mails (postage prepaid)
Stephanie Wright, Caseworker D.C.F.S.
Sent via: _____ E-mail _____ Hand delivery _____ Facsimile _____ U.S. Mails (postage prepaid)
Kambra Johnston 1150 North 400 East Orem, UT 84057
Sent via: _____ E-mail _____ Hand delivery _____ Facsimile _____ U.S. Mails (postage prepaid) _____ Service of Process
Tyler Ronald Johnston 1150 North 400 East Orem, UT 84057
Sent via: _____ E-mail _____ Hand delivery _____ Facsimile _____ U.S. Mails (postage prepaid) _____ Service of Process
Jose Silva, counsel for mother Public Defender
Sent via: _____ E-mail _____ Hand delivery _____ Facsimile _____ U.S. Mails (postage prepaid)
Janell Bryan, counsel for father Public Defender
Sent via: _____ E-mail _____ Hand delivery _____ Facsimile _____ U.S. Mails (postage prepaid)
________________________________ Kay Allen Legal Secretary
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