My name is Stacey Tremain and I have lived in Hamilton, Michigan which is located in Allegan County for about six years. I have lived in Allegan County for ten years. I have four children which include two girls and two boys. This is a true story that demonstrated the evilness and destruction of a family caused by Child Protective Services and the unlawfulness of Allegan County Court. I hope all who read this never have to experience such trauma to their lives.
4/24/09 - Marni Casterton (CPS) said she received a report of neglect from a neighbor (that was based on hearsay not actual evidence which is not legally admissible) and that I had to bring my youngest daughter in for a forensic interview. She made me promise to have my oldest daughter lock the bedroom door at night so that my oldest son could remain in the home. I was told it didn’t matter what I had done to prevent the behavior from continuing…my youngest daughter needed be interviewed.
4/27/09 - Marni Casterton (CPS) said that I could not be present or witness my youngest daughter’s interview and if I didn’t cooperate, they would talk all four children away. I later found out that my youngest daughter was allowed to have a support person with her during the interview according the DHS Manual (CFP 713-3) and she was denied.
4/28/09 – After my youngest daughter’s interview, Marni Casterton (CPS) and Kristin Czaplewski (forensic interviewer from Safe Harbor Children’s Advocacy Center) said that I would need to put my youngest daughter and my oldest son in counseling and have my youngest daughter medically examined. They recommended the services at Safe Harbor Children’s Advocacy Center for the counseling and the medical exam because the services are free and the staff is highly specialized in this area. I asked if I could use services of my own choosing and they said I could. Marni Casterton told me that she was filing charges against me for improper supervision because I did not contact CPS or law enforcement when I was notified in February 2009 of what was happening. I was told that my oldest son would need to come in for a forensic interview as well. I found out later that m youngest daughter was told that no one would get in trouble from what she said during the interview; they just wanted to make sure everyone was getting the help they needed. I am not required by law to report anything: http://www.legislature.mi.gov/ (MCL 722.623).
4/29/09 - Kim Wright (Safe Harbor Children’s Advocacy Center) called to set up an appointment for my youngest daughter’s medical exam. I informed her that I have one set up with my youngest daughter’s primary care physician. She said that the exam had to be done at their office. I told her that Marni Casterton and Kristin Czaplewski had said that I could use my youngest daughter’s doctor.
4/30/09 – Marni Casterton (CPS) said that she was filing a petition with the court requesting that I am ordered to use the services with Safe Harbor. She also said that I needed to remove my oldest son from the home until the date of the hearing or she would remove all four of the children.
5/5/09 - After my oldest son’s interview, Marni Casterton (CPS) questioned me on why I refused to cooperate with the services at Safe Harbor. She said that she is recommending that oldest son stay with his current counselor. Detective Chris Haverdink (Allegan County Sherriff’s Department) said that oldest son would not be criminally charged because of his age.
5/7/09 - I waived my right to preliminary determination as advised my attorney and in exchange he said that the Prosecuting Attorney would not look into charging my son and further investigating me. The court referee ordered that my oldest son and youngest daughter were to be supervised by an adult at all times and that youngest daughter needed a medical exam.
5/8/09 – My youngest daughter’s exam with Dr showed everything to be normal and intact
6/4/09 – -received notice of hearing that the Prosecuting Attorney’s office in charging my oldest son (age 11) with an adult crime when he should be considered to be an infant according to: Blacks Law Dictionary 6th Ed.
Infancy. Minority; the state of a person who is under the age of legal majority,-at common law, twenty-one years; now, generally 18 years. Ac- cording to the sense in which this term is used, it may denote the condition of the person merely with reference to his years, or the contractual disabilities which non-age entails, or his status with regard to other powers or relations.
At common law, children under the age of seven are conclusively presumed to be without criminal capacity, those who have reached the age of fourteen are treated as fully responsible, while as to those between the ages of seven and fourteen there is a rebuttable presumption of criminal incapacity. Many states have made some change by statute in the age of criminal responsibility for minors.
In addition, all jurisdictions have adopted juvenile court legislation providing that some or all criminal conduct by those persons under a certain age (usually eighteen) must or may be adjudicated in the juvenile court rather than in a criminal prosecution.
Katrina Burtchfield from CASA called and left a message for me to call her back to set up an appointment.
6/9/09 – received another message from Katrina threatening to take it to the next level if I didn’t set up an appointment with her.
6/26/09 - received a court order in the mail stating that the minors have been adjudged a ward of the court and have appointed Katrina Burchfield as the Special Advocate for the minor children.
6/29/09 – was told by Christopher Burnett (my oldest son’s court appointed attorney) that his job is not to defend my oldest son but to arrange for the best plea agreement. He admitted to not reading the file or having done any research/interviews and doesn’t need to. My oldest son is guilty and needs help. I told him he was fired and he told me that I can’t fire him. Myrene Koch (Assistant Prosecuting Attorney) attempted to serve me a certified letter in the hallway at the court house by attempting to shove it in my bag and when unsuccessful, threatened that I would be held in contempt of court for refusing to take the document.
7/9/09 – received a “Motion to Review Placement” in which the allegations were lies based on statements I made taken out of context. The hearing will be held on July 27, 2009.
7/13/09 – hired Douglas McKinney to represent my oldest son and myself
7/14/09 – Douglas McKinney mailed appearances to the court to represent my oldest son and myself.
7/16/09 - Ann Marie Briggs (my oldest son’s parole officer) called to ask a question re: an assessment that CPS demanded I have done on my oldest son and then stated that she wasn’t supposed to have contact with our family yet.
Don Lemahieu (criminal psychologist) who did the assessment on my oldest son stated that Marni demanded that I not been given a copy of the assessment when he informed her in June that I had requested one.
7/26/09 – found out that I should have received a booklet from DHS called “A Parent’s Guide to Working with Child Protective Services” when this all started. I have not received one as of yet.
7/27/09 – Craig Sewell (court referee) ordered that I allow CASA to visit children once a week and CPS once a month but the meeting must be by appointment and a 3rd party is allowed to be present; that I sign the necessary release forms of information documents regarding the children so they can be reviewed by the caseworker.
7/30/09 - The first home visit of Katrina Burchfield (CASA) – rudely informed me that she was taking the children outside.
8/4/09 – watched the videos of forensic interviews of my oldest son and my youngest daughter. My oldest son was told by Chris Haverdink (detective for Allegan County Sheriff’s department) that anything my oldest son said in that room would not be used against him which is the opposite of a Miranda warning. My youngest daughter was told by Kristen Czaplewski (forensic interview with Safe Harbor Children’s Advocacy Centers) that no one was going to get in trouble by what my youngest daughter said; they just want to make sure my youngest daughter gets the help she needs which ended up being a lie.
8/11/09 – Katrina Burchfield (CASA) harassed my oldest daughter about her feelings regarding her father even after my oldest daughter told her that she didn’t want to talk about it.
8/25/09 – Katrina Burchfield (CASA) was 15 minutes late. She harassed my oldest daughter again about her dad.
Christopher Antkoviak (court- appointed attorney for my daughters, and my youngest son) stated that a case like this has never gone to trial during the five years he had been a court appointed attorney and that he wasn’t sure what to expect.
8/31/09 – Emily Hills (prosecuting attorney) refused to meet with Douglas McKinney (the attorney that I hired to represent my oldest son at the pre-trial hearing). She would only meet with the Christopher Burnett (my oldest son’s court-appointed attorney that I fired). He offered me a plea agreement and I requested that it be made in writing. He refused and I said that it will go to trial then.
9/1/09 – met with Christopher Burnett (my oldest son’s court appointed attorney) and handed him a written request stating the reasons I am asking him to withdraw from representing Oldest son on both cases which were: You have stated that you believe that my oldest son is guilty after admitting on June 29, 2009 at the first scheduled Pre-Trial Hearing that you have not reviewed any of the case information. You have not been prepared for either Pre-Trial Hearing scheduled on June 29, 2009 or August 31, 2009. You have proven that you are not aware of basic legal terms. He refused.
Katrina Burchfield (CASA) was 15 minutes late. I asked to speak with them first before they met with the kids. I asked that she show a little more compassion and sensitivity concerning their thoughts regarding their father and attempted to explain to her the almost non-existent relationship he had with them. I also requested that she not visit the school as to not interfere with their education or cause them unnecessary question by their peers. She was angry and yelled that I couldn’t tell her what to ask and what not to ask.
9/7/09 – received a Emergency Motion to Remove Children based on false allegations and the hearing will be held on 9/10/09.
9/10/09– Michael Buck (judge for Allegan County) removed my oldest son from his home, family, friends, school and counselor and sent him 5 hours away to live with his father whom it has barely seen in three years, is over $33,000 in arrears, unemployed, disabled, has abandoned five other children and without having a family risk assessment completed as required by law. He admitted during the hearing that the prosecuting attorney’s office had filed the wrong forms and most of the allegations were frivolous.
9/15/09 – Judith Zoch (attorney for my children’s father) filed a motion in an attempt to have me ordered to send a saxophone to my children’s father.
9/16/09 – Katrina Burchfield (CASA) told the children that it was my fault that my oldest son was taken away.
9/20/09 – received e-mail from my children’s father stating that he is not allowing me to have contact with my oldest son
9/22/09 – Laura Mikrut (CPS) stated that my children’s father was advised by his attorney (Judith Zock) to not allow contact between my oldest son and I, she suggested that our attorney’s decipher the order from Buck.
9/23/09 – Emily Hills (prosecuting attorney) and Christopher Burnett (court appointed attorney for Oldest son) refused to meet with the Doug (attorney I hired to represent my oldest son) for a settlement conference or to give me any information. Christopher Burnett said that I no longer had any rights to my oldest son.
Received a letter in the mail that the trial scheduled for September 28 & 29 has been removed from the docket.
9/24/09 – called Emily Hills (prosecuting attorney)’ office and was told that there is a plea bargain being worked out.
9/25/09 – Laura Mikrut (CPS) stated that there was nothing she could do to enforce my children’s father to allow contact between my oldest son and myself. It is up to my children’s fathers’ discretion.
