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Help Reunite JW with Family and Friends

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This is JW.  JW is a relative that by now should have have been adopted and officially named Andrew.  Instead, we are in a legal battle with Child Protective Services in New Mexico (CYFD) that is draining my resources.  If I cannot continue the fight due to finances, JW may never get to see family ever again.

I'm getting ahead of myself some, let me start from the beginning.

My name is Alexander Harrison and I am the Uncle and pre-adoptive parent for JW (1 year old).  He has been in my care from 12/31/2018 (9 months old) until 10/25/2019 (18 months old).  While I was at work, JW had an accident in the home that sent him to the hospital.  My wife, Anita, took her eyes off of JW for a minute while attending to another pre-school age foster kid who was in our home.  JW ended up toddling into the master bathroom, climbing on the toilet, then into the sink right next to the toilet where he ended up turning on the hot water and scalding himself.

Children, Youth and Families Department (CYFD) chose to remove JW, our relative, from our home because of this tragic accident.

JW's biological parents signed away their parental rights so we could adopt him.  They knew JW would have better opportunities in life in my care, and they knew they would still be able to be a part of his life once the adoption went through.

At this point, some immediate family members, relatives, and important people in JW's life has not been able to see him in over 140 days.  My wife and I were only able to see JW once in a supervised visit on 12/03/2019.  We have not seen him in over 90 days now.  While we have been requesting visitation for ourselves, family members, and other important people in his life, there has either been no response from CYFD or the request has been denied, or they are still trying to figure it out.

What has flabbergasted the extended family and friends is that as of 01/23/2020, all request for visitation will have to go directly to the CYFD attorney in Santa Fe.  Family members, relatives, and important people in JW’s life, who are not involved with any appeal process with CYFD, must now contact an attorney just to see if they will be allowed to visit JW.

We have written the CYFD Secretary, Deputy Secretary, and Governor of New Mexico.  The CYFD attorney has asked them to not respond.  Relatives and friends have also written in with no response.

A few family members have even attempted to have JW placed with them for relative foster care with no response.  No family members have been reached out to by CYFD.  The brother of the biological father, attempted to contact CYFD 4 or 5 times after 12/14/2019.  He never got called back.

No one knows if JW has even received proper medical treatment.  No one was able to visit him at the hospital.  We were getting calls about medication from the pharmacy that were not being picked up and not approved by his insurance. 

JW is also emotionally traumatized because he has been separated from the people he is bonded with.  When we did see him during one visitation, instead of laughing and being full of joy, JW was sad and full of shame.  JW was being food possessive and not talking and babbling like he usually does.  It has broken my heart and spirit to have JW hug me at the end of the visit and say “Bye Da Da.”

Since the first day, my family has offered to have my wife live at a different residence while the investigation proceeded so that JW could still have the support of at least one family member whom he has bonded with and be allowed to have the emotional support needed through the process of healing from his accident and injury.  Numerous friends, family, and associates, including professionals in child care and development even wrote into CYFD in support of my family and our character.  

Our foster parent bill of rights is being violated, JW’s child bill of rights is being violated, and our protected civil liberties are being trampled upon.  Our experience parallels with Elwell v Byers, a case which established that foster parents have a protected liberty interested when the child in our care has a plan for adoption.  While every foster parenting relationship would not give rise to a right to family integrity, Elwell v. Byers determined here the foster parents had taken substantial steps toward adopting the child and he had been in their home most of his life. Thus, they had progressed well toward being adoptive parents, who are afforded the same rights as birth parents.

Personally, this is having a major impact on myself and my wife. It’s not good enough that I have a close friend offer up second residence for my wife, so she should not be in the household.  I’m having to live with my decision to head into work on 10/25/19 when my wife was not feeling 100% well that day along with having two sick kids in the house that were under five years of age.  I have nightmares frequently throughout the week where I am trying to protect JW, but I am unable to.  I have been living a parent’s worst nightmare daily and in my sleep for months now.  This whole process has worn me down emotionally to the point where I was temporarily relieved from duties at work due to mental health concerns.

I have exhausted all efforts of attempting to appeal this decision of CYFD to remove JW from my care within the CYFD administrative process.  I have already incurred  over $10,000 in legal fees out of my own pocket attempting to fight for JW over the past 4 months.  I now have to take this into court, which will cost even more.

My experience and personal story will continue to reinforce that CYFD is broken in the minds of New Mexicans.  If my livelihood, family and career can be placed in jeopardy because of CYFD, how many more New Mexicans will choose not to help children, even relative children in need of caring Foster Parents?

I consider JW my son and we are bonded with a love for one another.  Fighting for what is right and for JW is making me risk sacrificing everything I have worked for and stand for in my life.  At the very least, for JW’s emotional health and sake, I am asking for help. 

I beg of you to please assist if there is anything in your power to do so.  I'm now crowdfunding to help with our legal costs to be able to keep JW with family and so that hopefully other families will not have to go through the  same ordeal, the pain and suffering that we have been enduring for over 4 months now. 
 
JW turns 2 years old at the end of March and he should be spending this joyous occasion surrounded by friends and family.  Hopefully by standing up to CYFD with your help, it will force CYFD to be more transparent and accountable for the kids in their care.

CYFD  has publicly stated they want transparency and accountability.  What CYFD is doing to JW and our family is counter to what they are saying to the public at large.

I don't know how much more this is going to cost, but this is what I plan on doing with what is raised.  To start I'm only asking for an amount that is in the same range as I have already spent out of pocket.

1) Pay for legal fees to two family law attorneys to finish this contested adoption of our relative. 
2) Find a civil rights attorney.  We've been denied due process protected by our civil rights.  We have a civil rights case that parallels Elwell v Byers.
3) If there is any excess, put money aside for counseling to help JW recover from the psychological trauma of being separated from the family he knows as Mom and Dad.
4) Put money aside for JW's college needs and to recover from the cost incurred so far.  

PLEASE CONSIDER DONATING, SHARING AND EVEN JUST SENDING A SUPPORTIVE THOUGHT!

Organizer

Alexander Harrison
Organizer
Albuquerque, NM

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