Bring Baby Lily Home
Serra J. Frank Fight for Lilly Consulting & Advocacy
Baby Lily was supposed to be adopted by her mother's cousins, Rachel & Trevor Templeton from Borden, Indiana. THAT was the plan…
When she was born in December 2021, she was removed from her birth mother, Jerica Marseguerra, by Idaho CPS and placed with a foster mother instead.
Now Idaho CPS refuses to recognize the original adoption agreement between the Templetons and Lily's birth mother - because they want to adopt her to a stranger through foster care - just so they can receive the federal adoption incentive bonuses provided by Title IV social security.
But Lily’s birth mother, Jerica, still has her parental rights and doesn't want that...
She still wants her to go to the Templetons.
Baby Lily is supposed to be home with Rachel & Trevor... and three brothers who have been waiting almost a year to meet their baby sister.
Please help bring this beautiful princess home to be with her real family - where she belongs! ❤️
When she was born in December 2021, she was removed from her birth mother, Jerica Marseguerra, by Idaho CPS and placed with a foster mother instead.
Now Idaho CPS refuses to recognize the original adoption agreement between the Templetons and Lily's birth mother - because they want to adopt her to a stranger through foster care - just so they can receive the federal adoption incentive bonuses provided by Title IV social security.
But Lily’s birth mother, Jerica, still has her parental rights and doesn't want that...
She still wants her to go to the Templetons.
Baby Lily is supposed to be home with Rachel & Trevor... and three brothers who have been waiting almost a year to meet their baby sister.
Please help bring this beautiful princess home to be with her real family - where she belongs! ❤️
—------------------------------------------------------------------------------------------------------------------
Lilianna Rose Templeton (Baby Lily) was born on December 9th, 2021 at Kootenai Health - a local hospital in Coeur d’Alene, Idaho.
A publicly funded hospital that is allegedly “on the brink of financial collapse”.
“Kootenai Health, or more accurately, Kootenai Hospital District, is a community owned hospital district that was created in 1956 by the residents of Kootenai county. The hospital is governed by an elected board of trustees, and as a publicly funded entity, the hospital has the ability to collect taxes from the citizens of the county to fund its services. In exchange for this taxing authority the people of Kootenai County are supposed to have a say in the policies enacted by the board”
says the Idaho Tribune.
The Idaho Tribune reports ”Kootenai Health CEO John Ness said “Kootenai Health is facing financial losses like none we have experienced before;” and that “The financial crisis began when a significant amount of employees at Kootenai Health quit or were fired because they refused to comply with the hospital’s Covid-19 Vaccine Mandates, which left the hospital seriously understaffed.”
Lily’s (adoptive) parents, Rachel and Trevor Templeton, had been planning to bring her home since before she was born; since September 2021 - when her birth mother, Jerica Marseguerra, first asked them to adopt her baby and raise her as their own.
Jerica and Rachel are cousins - Jerica is the daughter of Rachel’s father’s sister’s daughter - Kimberly Camp. More specifically, Baby Lily is Rachel’s first cousin, twice removed.
Jerica has already lost one child to forced adoption through the State of Idaho. Her son, Reese, was adopted through foster care in 2020. Jerica had found herself addicted to opiates, due to a previous injury; and when she learned she was pregnant, she willingly accepted what was supposed to be help from Idaho Department of Health & Welfare: Family & Child Services (CPS).
Jerica says she was prescribed Suboxone and willingly participated in the case plan determined by CPS; which included chemical dependency and drug addiction services. However, despite Jerica and his biological father having done everything asked of them by cps, and completed all of the requirements, their parental rights were terminated by court order and Reese was placed through a forced adoption by Idaho CPS. An adoption to a stranger against the wishes of his parents.
Reese’s biological grandmother, Kimberly Camp says “Both Jerica and his father did everything CPS told them to do [during the case], and they still adopted him out!”
Jerica says when she found herself pregnant again, she knew that she was still not ready to raise a baby on her own. She was still addicted to opiates and says she knew she was still not in a position to be a parent.
Instead of terminating her pregnancy, Jerica decided that she wanted to choose the adoptive parents for her child; scared that the state of Idaho would choose that family for her as they had done before. So, Jerica reached out to her cousin, Rachel, and asked her and her husband, Trevor, to adopt her new baby. A decision that is extraordinarily difficult, and immensely painful, for any birth mother; as they seek a better life for their unborn child.
Shocked by the request, Rachel asked Jerica if she was certain of her choice; reminding her it was a permanent decision, not something that she could just take back later. She then asked Jerica to wait a week before actually making the decision. Rachel says “I wanted to be sure she understood what she was asking. That she couldn’t change her mind. Adoption is a permanent thing.”
Rachel, already a mother of two beautiful boys, says she searched her heart and prayed for guidance, as did her husband, Trevor; and she wondered if they should accept her cousin’s baby as their own. She says the answer she received, from both God and her husband, was a "resounding and undeniable - YES."
A week later, Jerica was still set on providing her baby with the stability and love that she knew she could not provide at her current situation in life. Jerica says she knew she could not provide a stable home for Baby Lily; however, through Rachel and Trevor, she saw a way. She says she knew that she wanted to give her unborn child more than what she had to offer. She says she knew the state may also attempt to take her baby away again; because she was unable to offer everything this new baby needed.
So Jerica, once again, reached out to Rachel; and asked her to adopt her baby. Without hesitation, Rachel said yes. She and Trevor wholeheartedly welcomed the new addition to their expanding family.
On September 14th, 2021, Jerica, Rachel and Trevor signed an adoption agreement; with Jerica stating that all she cared about was Lily’s best chance and best interest - specifically stating that she wished for Rachel and Trevor to take Lily home straight from the hospital.
Original Adoption Agreement:
|
Shortly after Jerica signed the adoption agreement, she says she enrolled in an addiction program called "Emerge" through Kootenai Health. The Kootenai Health website states their program “provides comprehensive medical care during pregnancy for women in recovery or currently using drugs. The program begins with pregnancy and lasts through the first year of [the] child’s life.”
At the same time, Rachel and Trevor prepared for the adoption by completing the steps necessary to be able to adopt Lily when she was born. They completed a home study and background checks through the “Adoption Center for Family Building”, located in Indiana, and were thrilled when they were approved to adopt Lily when the time came. Jerica says that as her pregnancy progressed, she was told by a counselor at Emerge that she would need to go through CPS for help with the baby; and that they could no longer help her. They allegedly kicked her out of the program, with no real explanation as to why; leaving her with nowhere to go. |
In October 2021, Jerica was arrested for possession of a controlled substance and a probation violation. She was then incarcerated in the Kootenai County Jail - where she stayed until Lily was born. She says that when she was incarcerated, she lost all communication with her family, including the Templeton’s. Jerica was unable to really call anyone, nor was she able to see a doctor, while in jail. She says she feels she was treated as only a vessel for Baby Lily.
Jerica says that when she was incarcerated, it seemed like CPS came to see her every single day, with a police officer, to try and convince her to give her new baby to them when she was born; and to sign agreement to their Child Protection Act (CPA). She refused every single time. Jerica says it felt like CPS and the local police tried to bully and intimidate her into signing. However, she was determined to stay strong, because she wanted Lily to go with family, and not with CPS. Jerica say’s that she has always wanted Lily to go with her family, the Templeton’s.
When she found herself in active labor on December 9th, 2021, Jerica says she was “released on [her] own recognizance” and taken to Kootenai Health. Her labor wasn’t progressing in a normal manner, so Jerica was induced at the hospital. However, her labor was also not progressing after induction, so they had to do an emergency c-section and Baby Lily was born healthy.
After Lily was born, Jerica says that she was only able to hold her one time; and did not have enough time or opportunity to take pictures. After her delivery, Jerica was finally able to see her mom, Kim, and they were anxious to call the Templeton’s to tell them the good knews that Lily was born. They told the Templeton’s they needed to fly to Idaho to finish the adoption; however, the plan suddenly changed by the actions of CPS and the hospital.
After calling the Templeton’s, the nurse came and told Jerica and her mother that CPS had been called, and were on their way. Jerica and Kim both say they said they did not understand why CPS had been called when Jerica already had an adoption agreement with the Templetons, and were on their way to retrieve Lily.
Kim says CPS came straight to the hospital and immediately tried to get Jerica to sign an agreement for foster care. Taking advantage of Jerica’s state of mind after delivery, a state in which she was highly medicated after a c-section, Jerica says she feels she was manipulated into allowing CPS to take Lily to foster care; allegedly being told it was only until the Templeton’s could come and get her.
Jerica says they promised they would honor the adoption with the Templeton’s. They told her that they would temporarily place Lily with the same foster mother that had adopted her half brother. Jerica says she only agreed to Lily going to foster care until Rachel and Trevor could travel to Idaho and take her home with them.
Jerica says ”I do not want (the foster mother) to adopt Lily”.
Jerica says that when she was incarcerated, it seemed like CPS came to see her every single day, with a police officer, to try and convince her to give her new baby to them when she was born; and to sign agreement to their Child Protection Act (CPA). She refused every single time. Jerica says it felt like CPS and the local police tried to bully and intimidate her into signing. However, she was determined to stay strong, because she wanted Lily to go with family, and not with CPS. Jerica say’s that she has always wanted Lily to go with her family, the Templeton’s.
When she found herself in active labor on December 9th, 2021, Jerica says she was “released on [her] own recognizance” and taken to Kootenai Health. Her labor wasn’t progressing in a normal manner, so Jerica was induced at the hospital. However, her labor was also not progressing after induction, so they had to do an emergency c-section and Baby Lily was born healthy.
After Lily was born, Jerica says that she was only able to hold her one time; and did not have enough time or opportunity to take pictures. After her delivery, Jerica was finally able to see her mom, Kim, and they were anxious to call the Templeton’s to tell them the good knews that Lily was born. They told the Templeton’s they needed to fly to Idaho to finish the adoption; however, the plan suddenly changed by the actions of CPS and the hospital.
After calling the Templeton’s, the nurse came and told Jerica and her mother that CPS had been called, and were on their way. Jerica and Kim both say they said they did not understand why CPS had been called when Jerica already had an adoption agreement with the Templetons, and were on their way to retrieve Lily.
Kim says CPS came straight to the hospital and immediately tried to get Jerica to sign an agreement for foster care. Taking advantage of Jerica’s state of mind after delivery, a state in which she was highly medicated after a c-section, Jerica says she feels she was manipulated into allowing CPS to take Lily to foster care; allegedly being told it was only until the Templeton’s could come and get her.
Jerica says they promised they would honor the adoption with the Templeton’s. They told her that they would temporarily place Lily with the same foster mother that had adopted her half brother. Jerica says she only agreed to Lily going to foster care until Rachel and Trevor could travel to Idaho and take her home with them.
Jerica says ”I do not want (the foster mother) to adopt Lily”.
Rachel Templeton says “she tried to call the case worker” Christina Ascencio, several times, with no luck of getting in touch with anyone. Rachel says when she finally reached Christina on Dec 11, 2021, Christina allegedly told her that she was not needed at the hospital and that the foster mother, was “already at the hospital bonding with Baby Lily”.
Jerica says she told Christina that her cousins Rachel and Trevor Templeton were coming to get Baby Lily, and that they had an adoption already planned. However, the social worker allegedly refused to acknowledge the Templeton’s availability or the adoption agreement, so Baby Lily left the hospital with foster mother
After Lily was placed in foster care, Jerica says she was coerced by her public defender, while she was under duress, into agreeing to the CPA petition they had tried to get her to sign while in jail. A petition that stated Jerica was unable to provide a “stable home” for Lily; despite her own efforts to provide her baby with a stable home with Rachel and Trevor.
Jerica says she told Christina that her cousins Rachel and Trevor Templeton were coming to get Baby Lily, and that they had an adoption already planned. However, the social worker allegedly refused to acknowledge the Templeton’s availability or the adoption agreement, so Baby Lily left the hospital with foster mother
After Lily was placed in foster care, Jerica says she was coerced by her public defender, while she was under duress, into agreeing to the CPA petition they had tried to get her to sign while in jail. A petition that stated Jerica was unable to provide a “stable home” for Lily; despite her own efforts to provide her baby with a stable home with Rachel and Trevor.
On January 2, 2022, Rachel and Trevor traveled to Idaho to see Lily for the first time. With hopes of bringing her home, they traveled with all her belongings, including her carseat. However, after arriving at the CPS office, located in Coeur d’Alene, ID, they were told that it was an active CPS case and that they would have to “get in line.” They were allegedly told that if they were to be considered to be Lily’s adoptive parents, they would have to wait to see if they were approved by a board; and that this could take up to 8+ months, or maybe longer… that is “IF” they were considered.
Rachel & Trevor first meeting Baby Lily:
Confused on what to do, Rachel and Trevor had their attorney in Indiana draw up a 2nd adoption agreement for Jerica to sign - making two separate adoption agreements between Jerica and the Templetons.
2nd Adoption agreement photo:
2nd Adoption agreement photo:
|
The Templetons decided there was a need to hire a local attorney. They sought out Peter Dan in Coeur d’Alene, ID. Mr. Dan emailed Deputy Attorney General, Denise Rosen, attorney for CPS, in hopes of coming to an agreement.
However, Denise Rosens response was: “It is unfortunate that this private adoption was interrupted with a child protection case. It will now need to wind its way through the system”. DENISE ROSENS AND EMAIL: 
|
JUDGE ECKHART:
With Denise Rosen, and CPS, insisting that the case continue in court, the Templeton’s attorney filed a “Motion of Intervention” to intervene in the case as interested parties. However, the motion was denied by Judge Anna Eckhart, stating that the Templeton’s did not have a relative claim, and according to Densie Rosen, “they were not related enough to have a relative claim.” They allegedly stated that the Templeton’s claim of adopting Lily was too late.
Kootenai County Judge Anna Eckhart ruled that they were not allowed to intervene.
In her denial, Judge Eckhardt states:
“To have Mandatory right to intervene in this case, the intervenors must have an interest in the property or the transaction, First, Court does relish talking about Lily like she is an item of personal property, and the Court certainly appreciates the Templetons are acting out of love for Lily and Jerica Marseguerra. However, simply because the Templetons have an interest in Lily in terms of caring about her and wanting to adopt her, is not the same as having a legally recognized and enforceable interest in Lily.
Certainly the document signed by Jerica Marseguerra states she wants the Templetons to adopt Lily and recognizes the Templetons want to adopt Lily. However that document does not give a legal interest in Mr. and Mrs. Templeton to Lily. It is not like a contract for a car or actual item of personal property. It is a statement of “desire and intent” between the parties. In the event the Templetons changed their minds and decided not to adopt Lily, Ms. Marseguerra could not force them to follow through based on this signed statement.
Further, if Ms. Marseguerra changed her mind about having the Templetons adopt Lily, they certainly could not force her to follow through with the adoption. Certainly, the Court understands that the Templetons’ interest in Lily may be impaired or impeded depending on the outcome of this child protection case, but that does not mean they have a legal interest in Lily that has to be protected by intervening in this action. Based on this, the Intervenors do not have a mandatory right of intervention in this case.”
DENIAL TO INTERVENE - filed March 15, 2022:
Kootenai County Judge Anna Eckhart ruled that they were not allowed to intervene.
In her denial, Judge Eckhardt states:
“To have Mandatory right to intervene in this case, the intervenors must have an interest in the property or the transaction, First, Court does relish talking about Lily like she is an item of personal property, and the Court certainly appreciates the Templetons are acting out of love for Lily and Jerica Marseguerra. However, simply because the Templetons have an interest in Lily in terms of caring about her and wanting to adopt her, is not the same as having a legally recognized and enforceable interest in Lily.
Certainly the document signed by Jerica Marseguerra states she wants the Templetons to adopt Lily and recognizes the Templetons want to adopt Lily. However that document does not give a legal interest in Mr. and Mrs. Templeton to Lily. It is not like a contract for a car or actual item of personal property. It is a statement of “desire and intent” between the parties. In the event the Templetons changed their minds and decided not to adopt Lily, Ms. Marseguerra could not force them to follow through based on this signed statement.
Further, if Ms. Marseguerra changed her mind about having the Templetons adopt Lily, they certainly could not force her to follow through with the adoption. Certainly, the Court understands that the Templetons’ interest in Lily may be impaired or impeded depending on the outcome of this child protection case, but that does not mean they have a legal interest in Lily that has to be protected by intervening in this action. Based on this, the Intervenors do not have a mandatory right of intervention in this case.”
DENIAL TO INTERVENE - filed March 15, 2022:
3rd adoption consent
However, Jerica signed not just one, or even two, adoption agreements; but had also signed a third consent to adoption on January 31st, 2022.
As of this article, Jerica says she still has not changed her mind, over a year later. She says that it doesn’t make sense why she would, stating “why would I sign the paperwork for the adoption, go out of my way to make sure Rachel and Trevor could adopt her, have them pay for attorneys, and then just change my mind? It’s just odd. Who wouldn’t want their baby to be with their family?”
Despite already having an approved home study in Indiana, mother’s consent to adoption, and adoption agreements signed, the Templetons were left with trying to work with CPS to have Lily placed with them instead of the foster home. This included getting fingerprints done, background checks, and an additional home study through Idaho.
Rachel and Trevor were then told by CPS that they would only be considered as a relative adoptive placement for Lily if they completed an Interstate Compact (ICPC) through the state of Idaho. Believing this was the only way to get Lily home where she belongs, the Templetons agreed, and the request was sent to Indiana.
For several months, social workers, Christina Ascencio, Amanda Bauer and Harmony Nelson, told both Rachel and Jerica that they were working to place Lily with the Templetons as Jerica requested.
However, they would soon realize that this was not actually the case.
As of this article, Jerica says she still has not changed her mind, over a year later. She says that it doesn’t make sense why she would, stating “why would I sign the paperwork for the adoption, go out of my way to make sure Rachel and Trevor could adopt her, have them pay for attorneys, and then just change my mind? It’s just odd. Who wouldn’t want their baby to be with their family?”
Despite already having an approved home study in Indiana, mother’s consent to adoption, and adoption agreements signed, the Templetons were left with trying to work with CPS to have Lily placed with them instead of the foster home. This included getting fingerprints done, background checks, and an additional home study through Idaho.
Rachel and Trevor were then told by CPS that they would only be considered as a relative adoptive placement for Lily if they completed an Interstate Compact (ICPC) through the state of Idaho. Believing this was the only way to get Lily home where she belongs, the Templetons agreed, and the request was sent to Indiana.
For several months, social workers, Christina Ascencio, Amanda Bauer and Harmony Nelson, told both Rachel and Jerica that they were working to place Lily with the Templetons as Jerica requested.
However, they would soon realize that this was not actually the case.
|
Harmony Nelson
|
Amanda Bauer
|
Christina Ascencio (Diaz)
|
Once the ICPC was completed, Rachel learned that Idaho had sent the wrong paperwork to Indiana. Instead of sending the ICPC for relative adoption as the Templeton’s had submitted, Idaho had sent paperwork for “foster care placement”.
Foster care placement requires a much more strict criteria for approval, and with the ICPC being for foster care, suddenly Trevor’s prior misdemeanor criminal history from 15 years ago became an issue. Despite that it had not been an issue for the relative adoption for which they had been planning all along.
Trevor’s criminal history consists of trespassing and disorderly conduct, charges stemming from 2008; and had been previously deemed by Lieutenant Commander, Brian E. Milliard, from the Indiana State Police to NOT be disqualifying convictions for adoption under the National Child Protection Act.
Foster care placement requires a much more strict criteria for approval, and with the ICPC being for foster care, suddenly Trevor’s prior misdemeanor criminal history from 15 years ago became an issue. Despite that it had not been an issue for the relative adoption for which they had been planning all along.
Trevor’s criminal history consists of trespassing and disorderly conduct, charges stemming from 2008; and had been previously deemed by Lieutenant Commander, Brian E. Milliard, from the Indiana State Police to NOT be disqualifying convictions for adoption under the National Child Protection Act.
Indiana State Police - Approval for Trevor:
Original Approved Home Study:
|
|
|
EMAIL FROM TOMMY PROCTOR ON ICPC:
However, according to Idaho ICPC specialist Tommy Proctor, Indiana needed a letter of recommendation to continue with the waiver process. Not a guaranteed placement.
Since Indiana did not receive the recommendation letter, they had no other choice but to deny the ICPC. Mr. Dan, Idaho attorney for Rachel and Trevor, allegedly stated in a meeting with the social workers, “If CPS had sent the right ICPC as a relative placement, Baby Lily would already be with the Templeton’s and be adopted, but CPS Idaho sent the wrong ICPC, therefore, causing it to be denied”.
According to Rachel, the Templeton’s and their attorney requested that Idaho send the correct ICPC, as a relative placement, and the department refused.
After the denial, Idaho CPS did a zoom meeting with the Templeton’s, on March 17, 2022 with the Templeton’s attorney Peter Dan, Denise Rosen, Amanda Bauer, Maggie Morris, and Christiana Ascencio.
Rachel says it began by Maggie Morris allegedly saying “that there is a selection process that CPS must follow, and no one in the room can make a decision on placement for Lily, that it goes to a committee, which would require an ICPC and homestudy”. Maggie said that Indiana sent back the ICPC for foster care placement and it was denied, due to Indiana’s requirement for a “guaranteed placement” and Trevor’s criminal history, so in turn they could not approve it.
Ms. Morris allegedly stated that CPS “will now have to move toward permanency elsewhere, and will not consider the Templeton’s for placement at all.”
Mr. Dan, Attorney for the Templeton’s, allegedly asked why the application was changed from being a “relative adoption placement” to just a foster care placement. Idaho CPS guidelines do not require a relative to be licensed for placement or adoption. He stated that the Templeton’s qualified under the other standard, and they also qualified for the waiver.
Maggie Morris allegedly replied, "the department (CPS) never changed the application, it was always foster care, because that is our process." Maggie told them that no matter what ICPC was sent, it would have been denied no matter what, because of FUNDING.
Maggie Morris, allegedly said “ We had to request foster care licensing on the ICPC, because of STATE FUNDING”.
Rachel Templeton replied to Maggie saying “ she had received different information regarding the ICPC, and her husband's past criminal history. Rachel says that “Paegan Kersey (Indiana CPS worker) told them that Trevor would need to complete a waiver process, and that he would have been approved, based on what she has seen on his record. Rachel says Paegan Kersey “was not concerned” about his record.
According to Maggie, Idaho CPS was required to send a recommendation letter to Indiana for the waiver process to start for Trevor.
Maggie replied to Rachel, allegedly saying that Paegan Kersey did say if we requested a letter, that it is a process we could go through, but the letter has to say that Idaho is going with you, and that placement for Lily is with you [the Templetons]" She alleged that Peagan Kersey told her “ if you cannot guarantee placement with the Templeton’s, then the letter would not work”.
Mr. Dan allegedly stated that “given that it is foster placement … if you flip the fabric, you cannot guarantee the adoption with the foster placement either."
Denise Rosen, attorney for CPS, replied to Mr. Dan, allegedly saying that “one of the issues is not the adoption, it is a CPS issue. When the State looks at a placement, it must follow the Departments process of Fostering Connections Act, and it also depends on State funding in the Act. It also depends on the relative placement, and we argue that this relative is a third cousin of the baby."
Mr. Dan replied to Denise Rosen, allegedly stating that Rachel Templeton is the First cousin to Baby Lily. He says there has been some misinformation given as to the relationship of the child to Rachel Templeton.
Denise Rosen allegedly continued to argue about Rachel Templeton’s relationship to Baby Lily, allegedly saying “check again” calling her “at best a third cousin”. Allegedly claiming “that after all the research, Lily cannot be placed with a relative”.
Conversation with social workers:
|
|
APPLICATIONS FOR ICPC AND RELATIVE ADOPTION:
|
Rachel and Trevor, feeling violated, not only for themselves but for Jerica, hired Jerica a new attorney - Derrick Pica, in Boise, ID. Over the summer, Jerica and her attorney filed a “Motion to Dismiss” the CPS case on the basis of “Jerica retaining her parental and residual rights.” The petition argues that Jerica had consented to the adoption, per her parental right to do so, and had worked to ensure a stable home for Lily to go to when she was born. So the CPA is not suitable for the situation, and should be dismissed. According to Title 16 Juvenile Proceedings, chapter 16-1602: “Residual parental rights and responsibilities” means those rights and responsibilities remaining with the parent after the transfer of legal custody, including but not necessarily limited to the right of visitation, the right to consent to adoption, the right to determine religious affiliation, the right to family counseling when beneficial, and the responsibility for support”. |
|
Motion to Dismiss CPA:
|
|
The State of Idaho and CPS, through attorney Denise Rosen, are objecting to the motion, claiming that the stipulation has higher standing than a parent’s rights.
At the initial hearing on the “Motion to dismiss” the state did not file a response/objection, claiming they ran out of time. Kootenai County Judge Anna Eckhart allowed them more time and a date to file by, and gave Jerica’s attorney, Derrick Pica, time to respond. In which, the state filed a one page objection.
At the initial hearing on the “Motion to dismiss” the state did not file a response/objection, claiming they ran out of time. Kootenai County Judge Anna Eckhart allowed them more time and a date to file by, and gave Jerica’s attorney, Derrick Pica, time to respond. In which, the state filed a one page objection.
State Objection to Dismiss:
|
|
The Templeton’s and their attorney have also filed for an adoption in Idaho, although the original plan was to have the adoption completed in Indiana. The state of Idaho (cps) has also objected and filed a dismissal to the adoption. Instead, they have a desire for termination of Jerica's parental rights and adoption through foster care, claiming they have custody and decision making authority over Lily until she is 18 years of age - despite that Jerica still possesses her parental rights.
Rachel says according to Jerica’s attorney, Mr. Pica, it seems that the case is already predetermined. He feels that they are trafficking Baby Lily - as stated in his response to the state. Rachel says that Mr. Pica told her that he had a phone call with Deise Rosen who claimed to have already won the case, and was allegedly told that there was no point in fighting.
Rachel says according to Jerica’s attorney, Mr. Pica, it seems that the case is already predetermined. He feels that they are trafficking Baby Lily - as stated in his response to the state. Rachel says that Mr. Pica told her that he had a phone call with Deise Rosen who claimed to have already won the case, and was allegedly told that there was no point in fighting.
HIGHLIGHTED STATEMENT FROM PICA RESPONSE TO THE STATE:
Complete Response:
Rachel says that a hearing took place on Aug 1st, 2022, with her Indiana attorney, Matthew Lemme present through Zoom. Kootenai County Judge Anna Eckhart was allegedly also in attendance, and allegedly giving the notion that she intends to side with Idaho CPS, even though it goes against Jerica’s civil and residual rights to consent to adoption.
The state of Idaho has now terminated visits with Rachel Templeton and Baby Lily. Visits that Rachel and Lily have been provided twice a week since January of 2022. Terminating such visits at this point is a common CPS tactic to attempt to sever any type of bond that has been created between Lily and the Templeton’s.
On September 28, 2022, Harmony Nelson, sent Rachel a text to relay the message, stating that by doing so, it was to further their “permanency plan” - their plan to permanently adopt Baby Lily to foster mom, instead of the Templetons. “Based on where we are at in our court process and plan for permanency, the department will no longer be doing video visits and sending updates. We will engage with the selected family to support ongoing connection with your family”.
PHOTO OF TEXT MESSAGES FROM HARMONY:
The state of Idaho has now terminated visits with Rachel Templeton and Baby Lily. Visits that Rachel and Lily have been provided twice a week since January of 2022. Terminating such visits at this point is a common CPS tactic to attempt to sever any type of bond that has been created between Lily and the Templeton’s.
On September 28, 2022, Harmony Nelson, sent Rachel a text to relay the message, stating that by doing so, it was to further their “permanency plan” - their plan to permanently adopt Baby Lily to foster mom, instead of the Templetons. “Based on where we are at in our court process and plan for permanency, the department will no longer be doing video visits and sending updates. We will engage with the selected family to support ongoing connection with your family”.
PHOTO OF TEXT MESSAGES FROM HARMONY:
As of now, The Templeton’s and Jerica are awaiting the Judge Eckhardt's decision - to find out if she is going to continue with the case plan, and permanency hearing for adoption to the foster mother, or if she is going to allow Jerica to exercise her fundamental and constitutional rights as a parent, and choose which family will adopt her baby girl, and where her child goes.
Judge Eckhart has been the judge for the duration of the CPA case for Baby Lily, but was also the Judge in many of Jerica’s criminal hearings as well.
Judge Anna Eckhart has presided over several hearings involving Jerica since her first criminal possession charge in 2020. She has been the judge in both criminal cases and the CPA case for Baby Lily. Jerica hopes that Judge Ekhart will finally honor her rights and her wish for the Templetons to adopt her baby girl, and not the foster mom.
16-1501A. RIGHTS AND RESPONSIBILITIES OF PARTIES IN ADOPTION PROCEED- INGS. (1) The legislature finds that the rights and interests of all parties affected by an adoption proceeding must be considered and balanced in deter- mining what constitutional protections and processes are necessary and ap- propriate.
(2) The legislature finds that:
(a) The state has a compelling interest in providing stable and perma- nent homes for adoptive children in a prompt manner, in preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children;
(b) An unmarried mother, faced with the responsibility of making cru- cial decisions about the future of a newborn child, is entitled to pri- vacy, and has the right to make timely and appropriate decisions regard- ing her future and the future of the child, and is entitled to assurance regarding the permanence of an adoptive placement;
(c) Adoptive children have a right to permanence and stability in adop- tive placements;
(d) Adoptive parents have a constitutionally protected liberty and privacy interest in retaining custody of an adopted child;
The question here is clear - Why wouldn’t Idaho allow the private adoption to proceed? Jerica signed adoption paperwork three separate times, and continues to insist that she wants her daughter to be adopted by the Templetons. Is it truly about Trervor’s 20 year old criminal history? Or is it actually about the federal funding as Denise Rosen and Maggie Morrison have both stated previously…..
The answer is also glaringly clear…
The Adoption and Safe Families Act (ASFA) of 1997, signed into law by President Bill Clinton, and championed by Hillary Clinton during her “It takes a Village” campaign, provides adoption incentives bonuses to the states - approximately $4,000 - $6,000 per child adopted through foster care.
This number is then multiplied by the number of adoptions that exceed last year’s median adoption rate, and combined with monthly adoption stipends - generating millions in funding for the state. This money comes from Title IV-E social security funds, and is specifically funded on the number of children adopted through the state’s foster care system.
The states push adoptions from foster care, including hosting National Adoption Day on November 19th every year; and consistently ignore relatives as options because if the children are adopted by relatives the state does not get ASFA funding.
The State of Idaho is obviously using the situation with Jerica and Lily to pursue these federal funds.
This is a common situation in most states. Social workers are taught to relentlessly pursue federal funding - a Kids for Cash scheme that completely ignores what is truly in the best interest of these children. They force parents to consent to adoption, or take them to court and terminate their rights to their children unwillingly. This isn’t adoption. This is state sponsored, and taxpayer funded, Child Trafficking.
Foster parents also benefit financially from these funds, receiving a small portion of the adoption stipend from the state as they receive it from the federal government.
Georgia Senator Nancy Scahefer points out the profitability of adoptions from foster care in her report to the General Assembly in 2006. She said, “Look who is getting paid! State employees, attorneys, court investigators, guardian ad litems, court personnel and judges, there are psychologists, therapists, psychiatrists, counselors, foster parents, adoptive parents, and on and on… ALL are looking to the children in state custody to provide job security … In order to receive the adoption incentive bonuses local child protective services needs more children. They must have merchandise that sells, and they must have plenty so the buyer can choose.”
Senator Schaefer believed the CPS has become so corrupted by the federal funding received from these types of situations that it has become extremely dangerous for all American families, stating that “the Department of Child Protective Services has become a protected empire built on taking children and separating families.”
Senator Nancy Schaefer:
Miste Karldfelt with Health Freedom Idaho says. "More than 1,500 innocent children are taken by CPS each year in ID. Children spend an average of 13.1 months in State's custody. 66% if children are returned home after much trauma is inflicted in the innocent child and their parents. Idaho statistics reveal that almost 80% of the children removed from their parents are returned to their parents. Meaning, Idaho CPS gets it wrong almost 80% of the time.
This is the result of a FOR PROFIT agency being incentivized through ASFA to steal children and rehome them. Idaho's families including Jerica and Baby Lily are suffering due to the hands of Idaho's corrupt CPS."
This is the result of a FOR PROFIT agency being incentivized through ASFA to steal children and rehome them. Idaho's families including Jerica and Baby Lily are suffering due to the hands of Idaho's corrupt CPS."
Rachel and Trevor are still preparing for Lily to come home to them. They don’t plan to give up any time soon. They originally expected her to be home by Christmas last year, so they bought her presents, and had already decorated her room.
|
|
Rachel says, “we love Christmas, and always put up a tree in every room of the house. There is always a tree in our room, each of our boys’ rooms, and last year, we put one up in Lily’s room too, because we expected her to be home very soon. After CPS started fighting really hard to keep Lily during the first week of January, we left the Christmas tree up in Lily’s room, in the hopes that she would come home quickly.”
Now the tree and decorations have been up for almost a year, including a clock that plays Christmas songs every hour, songs that can be heard in the background as this reporter speaks with Rachel and Trevor. Songs that Rachel says are still being played for Lily in the continued hopes that she will be home by this Christmas.
Rachel says that she and Trevor have never been so insulted before in their lives. Denise Rosen and all of the CPS workers have treated them horribly; including allegedly calling them names in court. All the while Judge Eckhart allows this case to continue towards adoption from foster care, completely ignoring the Templeton’s and Jerica’s decision. Rachel says, "This has been emotionally draining, and causing a lot of distress" on both Jerica and the Templetons. “No family should have to go through this, especially for almost a year”.
From the countless insults from Denise Rosen and the Department (CPS) but also from the GAL/CASA worker and his attorney, Rachel and Trevor are at their wits end.
Rachel says that Chris Swartz from Swartz Law, and his client Christopher Clayton from North Idaho CASA, have been just as relentless. Both Mr. Swartz and Mr. Clayton are supposed to be speaking to the best interest of Lily, but seem to only be speaking to the best interest of CPS.
Now the tree and decorations have been up for almost a year, including a clock that plays Christmas songs every hour, songs that can be heard in the background as this reporter speaks with Rachel and Trevor. Songs that Rachel says are still being played for Lily in the continued hopes that she will be home by this Christmas.
Rachel says that she and Trevor have never been so insulted before in their lives. Denise Rosen and all of the CPS workers have treated them horribly; including allegedly calling them names in court. All the while Judge Eckhart allows this case to continue towards adoption from foster care, completely ignoring the Templeton’s and Jerica’s decision. Rachel says, "This has been emotionally draining, and causing a lot of distress" on both Jerica and the Templetons. “No family should have to go through this, especially for almost a year”.
From the countless insults from Denise Rosen and the Department (CPS) but also from the GAL/CASA worker and his attorney, Rachel and Trevor are at their wits end.
Rachel says that Chris Swartz from Swartz Law, and his client Christopher Clayton from North Idaho CASA, have been just as relentless. Both Mr. Swartz and Mr. Clayton are supposed to be speaking to the best interest of Lily, but seem to only be speaking to the best interest of CPS.
Chris Swartz, attorney for GAL/CASA
Rachel says that she has done several zoom calls with the CASA worker, doing a walk through of their home, and property, including Baby Lily’s room. Rachel says that the CASA worker Christopher Clayton allegedly gave the notion that Lily does not have her own room at the foster mothers home, and that she started going to daycare (at CPS) at only a month old.
Rachel says that the CASA worker and his Attorney recently sent an email, allegedly claiming the Templeton’s have failed to work the Department, which then followed with them allegedly insulting not only the Templeton’s but also their attorney. Rachel says that Mr. Swartz allegedly said that the Templeton’s have wasted their efforts, time and money in trying to save Baby Lily.
Rachel and Trevor Templeton have spent nearly $55,000.00, in efforts to get Lily adopted and out of CPS custody; which include attorney fees, traveling, private home study, and more…. and the heart-wrenching journey is still not over.
The permanency planning hearing is scheduled for October 25th, 2022; where Judge Eckhart is expected to make a decision on the permanent plan requested by CPS.
Jerica, who has been incarcerated for most of 2022, completed a “rider” program through the Idaho Department of Corrections. She reports that while she was incarcerated they held several hearings without her present. She states that she “would inform the prison staff she had a hearing, but was denied access because they told her they never received any paperwork.”
But she has now been released to probation and plans to be in attendance at the upcoming hearing to make sure her continued wish for the Templetons to adopt Lily is heard by the court.
In the meantime, the Templetons have reached out to the public to help. They are asking for support in the hopes that Lily will be allowed to go home with them instead of being adopted through foster care against her birth mother's wishes. Not knowing what else to do, they are now speaking up in the hopes of shedding light on the corruption they've encountered in Idaho.
Since going public, the community has started to rally around this family, demanding Jerica’s right to consent to adoption be upheld, and that Baby Lily be sent home to her family in Indiana, where she belongs. Their family support page on Facebook “Bring Baby Lily Home” has caught the attention of over 5,000 followers, and a change.org petition directed at Idaho CPS and the Idaho legislature has already received over 600 signatures from supporters.
|
Attend a local event -
CPS protest
October 24th, 2022 - 11:30am - 2:30pm
Kootenai County CPS Offices
1250 Ironwood Dr
Coeur dAlene, ID 83814
Permanency Planning Hearing Court Support/Press Conference Rally
October 25th, 2022 - 10:00am
Judge Anna Eckhart Crt. Rm. #7
Kootenai County Courthouse
324 W Garden Avenue
Coeur d'Alene, ID 83814
Submit Public Complaints
Contact GOVERNOR Brad Little
governor@gov.idaho.gov or (208) 345-8356
Contact LT. GOVERNOR Janice McGeachin
janice.mcgeachin@lgo.idaho.gov or (208) 334-2200
Contact Idaho Legislators
Senator Steve Vick
SJVick@senate.idaho.gov
2140 E Hanley Ave, Dalton Gardens, ID, 83815
Home (208) 332-1345
Statehouse (208) 332-1345
Representative Vito Barbieri
VBar@house.idaho.gov
564 E Prairie Ave, Dalton Gardens, ID, 83815
Home (208) 620-0873
Statehouse (208) 332-1177
Representative Doug Okuniewicz
DougO@house.idaho.gov
PO Box 810, Hayden, ID, 83835
Home (208) 918-1495
Statehouse (208) 332-1070
Contact the Idaho Judicial Council -
re: Judge Anna Eckhart
Contact the Idaho State Bar
re: Deputy Attorney General, Denise Rosen
Contact the Idaho Department of Health and Welfare
re: Harmony Nelson, Amanda Bauer, Christina Ascencio (Diaz)
– 208-334-5500
Director, Dave Jeppesen
dave.jeppesen@dhw.idaho.gov
Deputy Director, Lori Wolff
lori.wolff@dhw.idaho.gov
Audits & Investigations, Steve Bellomy
steve.bellomy@dhw.idaho.gov
|
|
