23.12.10

APA GUIDELINES FOR CHILD CUSTODY EVALUATIONS IN FAMILY LAW PROCEEDINGS

Courtesy RightsForMothers

This is new (December, 2010) from the American Psychological Association.  I want to get this out there to help moms…I’ll reserve my commentary to the comments section below.

Introduction

Family law proceedings encompass a broad range of issues, including custody, maintenance, support, valuation, visitation, relocation, and termination of parental rights. The following guidelines address what are commonly termed child custodyevaluations, involving disputes over decision making, caretaking, and access in the wake of marital or other relationship dissolution. The goal of these guidelines is to promote proficiency in the conduct of these particular evaluations. This narrowed focus means that evaluations occurring in other contexts (e.g., child protection matters) are not covered by these guidelines. In addition, the guidelines acknowledge a clear distinction between the forensic evaluations described in this document and the advice and support that psychologists provide to families, children, and adults in the normal course of psychotherapy and counseling.

Although some states have begun to favor such terms as parenting plan, parenting time, or parental rights and responsibilities over the term custody (American Law Institute, 2000, pp. 131–132), the substantial majority of legal authorities and scientific treatises still refer to custody when addressing the resolution of decision-making, caretaking, and access disputes. In order to avoid confusion and to ensure that these guidelines are utilized as widely as possible, these guidelines apply the term custody to these issues generically, unless otherwise specified. It is no longer the default assumption that child custody proceedings will produce the classic paradigm of sole custodian versus visiting parent. Many states recognize some form of joint or shared custody that affirms the decision-making and caretaking status of more than one adult. The legal system also recognizes that the disputes in question are not exclusively marital and therefore may not involve divorce per se. Some parents may never have been married and perhaps may never even have lived together. In addition, child custody disputes may arise after years of successful co-parenting when one parent seeks to relocate for work related or other reasons. These guidelines apply the term parents generically when referring to persons who seek legal recognition as sole or shared custodians.

Parents may have numerous resources at their disposal, including psychotherapy, counseling, consultation, mediation, and other forms of conflict resolution. When parents agree to a child custody arrangement on their own—as they do in the overwhelming majority (90%) of cases (Melton, Petrila, Poythress, & Slobogin, 2007)—there may be no dispute for the court to decide. However, if parties are unable to reach such an agreement, the court must intervene in order to allocate decision making, caretaking, and access, typically applying a “best interests of the child” standard in determining this restructuring of rights and responsibilities (Artis, 2004; Elrod, 2006; Kelly, 1997).

Psychologists render a valuable service when they provide competent and impartial opinions with direct relevance to the “psychological best interests” of the child (Miller, 2002). The specific nature of psychologists’ involvement and the potential for misuse of their influence have been the subject of ongoing debate (Grisso, 1990, 2005; Krauss & Sales, 1999, 2000; Melton et al., 2007).

The acceptance and thus the overall utility of psychologists’ child custody evaluations are augmented by demonstrably competent forensic practice and by consistent adherence to codified ethical standards.  These guidelines are informed by the American Psychological Association’s (APA’s) “Ethical Principles of Psychologists and Code of Conduct” (hereinafter referred to as the Ethics Code; APA, 2002). The term guidelines refers to statements that suggest or recommend specific professional behavior, endeavors, or conduct for psychologists. Guidelines differ from standards in that standards are mandatory and may be accompanied by an enforcement mechanism. Guidelines are aspirational in intent. They are intended to facilitate the continued systematic development of the profession and to help facilitate a high level of practice by psychologists. Guidelines are not intended to be mandatory or exhaustive and may not be applicable to every professional situation. They are not definitive, and they are not intended to take precedence over the judgment of psychologists.

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AMERICAN MOTHERS POLITICAL PARTY will be discussing the TRUTH about The CELL TERRORIST’s - The Fathers Rights Movement EXPOSED

Merry FREEKFEST the topic of AMMP to night http://www.blogtalkradio.com/americanmotherspoliticalparty/2010/12/23/still-standing

Call-in Number: (347) 205-9977

AMERICAN MOTHERS POLITICAL PARTY will be discussing the TRUTH about the The CELL TERRORIST’s

The Fathers Rights Movement Naked

Live on BTR TONIGHT at 5pm CST -  6pm EST

 

Fathers Rights Naked - Watch more Videos at Vodpod.
 

WHY DOES MARK K. GODBEY RANT ON ABOUT ABUSED WOMEN?

Is he in full makeup while he rants, or just acting like he is?


This father’s rights blogger rants on that this is a hate site.  All fathers are not bad…not all mothers are good.  But all abusers are bad.

Gender Polarization Impedes Family Law Reform | angiEmedia

I found this article published about 3 months ago, and agree with it completely.  Gender-based politics have lead to trauma and child abuse, while hate sites such as rightsformothers continues to espo… more →

Mark doesn’t think he is an abuser…his rants are abusive in itself and shows his true nature.  He was suggesting children be taught to attack people on Facebook.  That is disgusting.

Mark Godbey

Go get her a cheap Metro PCS phone… its about $29 and you give her monthly cards and money. Then you tell your daughter to tell her step-monster to kiss her ass because my real mom says you’re a whore….. mix things up a little..!!

Mark Godbey

I avoided that shit by buying my kids their own cell phone 3 times over the past 8 years. It is still Parental Alienation since she took it away from them every time. I can’t wait till my son is 1 inch taller than my ex-wife is…. I think he will take it back.

Mark Godbey

Hi CP, wait till your kid is big enough to tell your ex to shove his attitude up his ass. His time is coming.

Mark Godbey

Also, I am studying to be a Paralegal or a Legal Investigator working within Family Law. Concentrated coursework for next 7 weeks. I have been told more than once, the way to combat evil is one child at a time. I intend to ferret out those who make False Allegations, and alienate children. Since the police wont’ enforce laws that protect Parental Abductions, I will make that my mission. Fuck law enforcement.

I wonder if he has already tried to f*** law enforcement.  He is on probation, and has had three restraining orders to protect his ex-wife Margaret. Just who really is the hateful one?

 

DOSSIERS on the Fathers Rights CELL TERRORIST’s

Click each Image for Full REPORTS on the Cell Terrorists By the MOTHERS INTELLIGENCE SECRET SERVICE -- M.I.S.S

WARREN FARRELL

 

Dossier: Mike J Murphy

Dossier: Jeremy Swanson

Jeremy_Swanson

Dossier: Mark K Godbey

Mark_K_Godbey

Dossier:Donald Tenn

donaldtenndossier

Linda Marie Sacks Press Release: Mothers of America lose custody too Abusers

Press Release          12/22/10

A Florida Mother asks Court to Certify Questions to Florida Supreme Court/ National Crisis in the Family Courts

 

                                       Mothers of America…..if she can lose custody….any one can…….

A  “squeaky clean” mother, Linda Marie Sacks, in her effort to be re-united with her children, asks the Fifth District Court of Appeals to certify 3 questions of national importance to the Florida Supreme Court.  Mothers all over the U.S. are losing custody of their children, and all their contact is terminated or they are placed indefinitely on Supervised Visitation, by the trial court with no case plan and reunification plan.

After 3 years/9 months of only supervised visitation,(74 hours total) with her children, a Daytona Beach Mom is asking the Fifth District Court of Appeals to certify 3 questions of great national importance.

                       1. If a parent makes a good faith allegation of abuse, with documented evidence,

                           in an effort to protect her children, should that parent be deprived of physical

                           custody of her children, or have their contact supervised, indefinitely without a

                           case  plan, or reunification plan provided by the trial court?

                        2. Does a state court violate the First, Fifth and Fourteenth Amendments when it

                            deprives a parent of physical custody, and limits that parents contact to Supervised

                            Visitation with her children, for taking the reasonable action based upon a belief,

                            supported by facts that her children need protection from abuse?

                        3. Does a state court’s custody decision that deprives a parent of  access  to her

                            children  indefinitely, unless supervised, without a finding of unfitness by clear and

                            convincing  evidence, which effectively terminates a party’s parental rights,

                            violate the Fifth and Fourteen Amendments?

Her daughters in April 2007 told her..”Mommy fight for us and do something every day to get us back and don’t ever stop”, so every day she has kept that promise and now will go to the Florida Supreme Court, and then on to the U.S. Supreme Court in Washington D.C. After spending $140,000  to do undo the unjust  custody ruling by the trial court of Judge Shawn L. Briese, she  is  now more determined than ever, and has taken up the legal challenge on her own as a pro se litigant.

The Fifth District Court of Appeals on Dec. 7, 2010, denied Mothers  2nd appeal so she is now asking that the Florida Supreme Court address this crisis in the family courts. Family courts are in crisis and Mothers are sadly losing custody of their children, and all they did was ask the “official avenues”….judges, police, DCF for help to protect their children from documented abuse, and  they are losing custody. Family court judges are dismissing, ignoring, and suppressing documented evidence  abuse and the abusers are getting custody.

The ABA.. American Bar Association states that Batterers ask the family courts for SOLE custody, and are successful 70% of the time. Imagine…a parent with documented evidence of Domestic Violence, and Child Physical and/ or Sexual Abuse to the children…. And the fathers are able to get SOLE physical custody, and Mothers, known as “protective parents” are sadly placed on supervised visitation or all contact with their children is terminated.

The Florida NOW (National Organization for Women) Ad Hoc Family Law Committee has a brochure on this national crisis.

www.nowfoundation.org/issues/family/

If you think…oh that could never happen to me….that’s what this Mother  thought…and as “squeaky clean”, class Mom, soccer Mom, car pool Mom,  community volunteer, with no drugs, no abuse, no alcohol, just a loving, caring, primary care giver to her  children………..she lost custody in a hearing that the Fifth District court of Appeals Case 5D07-1682 said that her constitutional rights were violated…and the hearing to determine custody on March 9, 2007, should never have taken place in the trial court of Judge Shawn L. Briese.  The Fifth District Court of  Appeals  REVERSED and REMANDED the issue of custody back to Judge Briese for a “Retrial of the custody of the minor children”.  Judge Briese  refused to be disqualified from the hearing on child custody and refused to  remove the unjust “supervised visitation” order.

This national crisis is affecting 39 states………..

A national conference will take place in Albany NY…Jan 7, 8 , 9, 2011 ..addressing this  crisis in the family courts. For more information on this conference:           www.batteredmotherscustodyconference.org

Advocates are asking for a federal investigation into the corruption in the family courts and  congressional hearings to address this national crisis…children are being forced to live with an abusive parent….and safe, protective parents are losing custody.

For more information:

www.centerforjudicialexcellence.com

www.justiceforchildren.org

www.protectiveparent.com

www.taliacarner.com

www.leadershipcouncil.org

www.dvleap.org

www.stopfamilyviolence.org

www.juliafletcher.wordpress.com

www.americanmotherspoliticalparty.org

www.lizlibary.org

www.batteredmotherscustodyconference.org

www.randijames.com

TODAY American Mothers Political Party Show Thursday 12-23-2010 6 PM EST Call-in Number: (347) 205-9977

Call-in Number: (347) 205-9977

http://www.blogtalkradio.com/americanmotherspoliticalparty/2010/12/23/still-standing

 

AMPP Support Christian Coffey HIS Mother and ALL Their Supporters

 

AMPP is a social movement seeking justice and accountability within the family court system which includes DHHS/CPS, psychologists and other so called experts.

  • We as mothers demand CITIZENSHIP and our Rights to our Children.
  • We demand that our children not be used as pawns by our abuser in a custody dispute.
  • We demand that Mothers and Children be equally protected against court ordered visitation with an abuser.
  • We demand that Mothers and Children be given the same rights, privileges and voice that the abuser gets in family courts!
  • We demand that our President take action now as can no longer afford to be silent and we won’t.
  • We demand the same "rights and freedoms" to which all humans are entitled.

Behind the closed doors of the dirty little secret of the family court system, thousands of women each year lose child custody to violent men who beat and abuse Mothers and Children. Family courts are not family-friendly and betray the best interests of the child.

Until Mothers and Children's voices are heard we will never shut up, give up or go away!

Mr President when will you give Mothers their Children back?? by MamaLiberty

22.12.10

Another look-see at NIS-3, or what do all those damn numbers means anyway?

Source- Dastardly Dads

The Third National Incidence Study of Child Abuse and Neglect (also known as NIS-3), put out by the U.S. Department of Health and Human Services, is getting up there in years. Although it's officially a teenager as of this month--it was first published in September 1996--NIS-4 has yet to appear as it is (apparently) still a work in progress.

According to NIS-3's less-than-modest Forward, "The NIS is the single most comprehensive source of information about the current incidence of child abuse and neglect in the United States. The NIS-3 findings are based on a nationally representative sample of over 5,600 professionals in 842 agencies serving 42 counties."

While there may be more be more recent research on child abuse and neglect, it's necessarily more limited in geography and scope compared to NIS-3. So NIS-3 is still a major player by sheer heft alone.

I often see NIS-3 quoted by various mother advocates and fathers rights people, though usually the data is only pulled from NIS-3's rather confusing and rambling executive summary which is readily available at the HHS website. More than once I've been tangled up in the convoluted syntax, and I see other people get lost in it too. The entire study, we are grimly told, is not available on-line and must be ordered through the mail.

Well, gentle readers, I must make a confession. As I am a secret wonk at heart, I ordered the damn thing and got it jammed (and I mean jammed) in my mailbox yesterday.

So what does it say? Oh, NIS-3 is just packed with grisly data on mean mommies and dastardly dads. Everybody has picked over the raw numerical data on child abuse perpetrators and their gender and relationship to the child and what it all presumably means when moms are the majority of caretakers (or assumed caretakers) in both married couple and single-parent households.

Frankly, it's not terribly clear what it all means, and that's why everybody quotes it (or distorts it) for their own purposes.

Interestingly enough, when you turn to the section on family characteristics, the NIS-3 starts to make sense, though most of that data is not in the executive summary. That's because they take all the raw numerical data and crunch it in a way that's meaningful, which is incidence rates per 1,000 children.

Okay, before the less mathematically gifted among us have conniption fits, this is not really that fancy or complicated. This kind of data adjustment is done all the time. To know that Green City had 147 deaths from lung cancer last year, while Orange City had 361 doesn't tell us anything useful about cancer concentrations or about which City has relatively sicker or healthier citizens. Unless we know the population of those cities and how many people die per year, and express those numbers in terms of lung cancer deaths per 100,00o or something similar, we can't make any valid comparisons. So if I can tell you that Orange City had 50 lung cancer deaths per 100,000 while Green City had 100, we're now onto something interesting for further research.

So let's revisit the old question of abusive fathers versus abusive mothers with this in mind.

Fathers rights people often remind us that married couple families do better than single-parent households in nearly every measure of child abuse and neglect, which on the face of it is true. I suppose the public policy implication is keep everybody married with a man in the house (how we will do this is never made entirely clear--outlaw divorce?), and child abuse will lessen.

This is basically a variation of the BMW fallacy, or confusing correlation with causation. Here's how it goes. BMW owners are nearly uniformly well-to-do successful professionals with six figure incomes who own their own homes. So--if somebody who's low-income manages to buy a BMW, will they be financially successful?

No, they will be broke. Saddled with more car than they can afford and with more financial troubles than ever.

So it is with marriage. People who are happily married tend to stay married and tend not to have families plagued with abuse, drug or alcohol issues, mental health problems, and other stuff like that. Married people who do have these problems in their relationships will tend to split up over time and form single parent households.

So the question is not comparing single parents with married households, but comparing the relative safety of father-headed households and mother-headed households, even though the numbers of these households are not the same. (And not because of the family courts. Most mother-headed families are that way by default, not by design or legal proceedings.) Hence, we convert the child abuse data from each type of household type into incident rates per 1,000 children.

So what do we have then? Let's start by taking a peek at maltreatment (i.e. abuse and neglect) under what's called the "harm standard." Under the "harm standard," children were considered to be maltreated only if they had already experienced harm from abuse or neglect. (The other standard is the "endangerment standard," which is children who experience abuse or neglect that puts them at risk of harm, combined with kids who are alreadly harmed by abuse or neglect.)

HARM STANDARD

MALTREATMENT

Let's start with overall maltreatment (abuse and neglect combined).

Children living with their only their mothers experienced maltreatment under the Harm Standard at a rate of 26.1 per 1,000 children.

Children living with only their dads? 36.6 per 1,000.

As NIS-3 notes, "This rate is more than two and one-third times higher than that of children in two-parent families."

Oops. So much for the theory that keeping a dad--any dad--in the family somehow confers protection from that nasty abusive mommy.

ABUSE

What about abuse as such?

Children living with only their moms: 10.5 per 1,000.

Children living with only their dads: 17.7 per 1,000.

Here's what NIS-3 says about that: "Children in father-only families had more than twice the risk of abuse as defined by the harm standard compared to children living in both-parent families. Their risk was more than one and two-thirds that of children in mother-only families, a marginal difference in this maltreatment category. Thus, the pattern in connection with abuse essentially reflects the higher risk of children who live with only their fathers."

PHYSICAL ABUSE

Physical abuse is a subcategory under abuse.

Children living with only their moms: 6.4 per 1,000 children.

Children living with only their dads: 10.5 per 1,000 children.

Here's what NIS-3 states: "When specific types of abuse under the Harm Standard are examined, it is apparent that the findings described in the previous paragraph stem from the disproportionate incidence of physical abuse among children in father-only households....An estimated 10.5 per 1,000 children living with only their fathers were harmed by physical abuse in 1993, which is more than two and two-thirds higher than the incidence rate of 3.9 per 1,000 for children living with both their parents. Children in mother-only families were not statistically different from those in both-parent households in their risk of physical abuse under the Harm Standard."

NEGLECT

Let's turn to neglect now.

Children living with only their moms: 16.7 per 1,000 children.

Children living with only their dads: 21.9 per 1,000 children.

EMOTIONAL NEGLECT

Emotional neglect is one of the subcategories under neglect. What do the numbers say now? Frankly, I figured moms would get nailed on something as nebulous as emotional neglect, but I was wrong.

Children living with only their moms: 3.4 per 1,000 children.

Children living with only their fathers: 8.8 per 1,000 children.

SEVERITY OF INJURIES

How about severity of injury? The data was said to be statisically unreliable for Fatalities, so let's turn to Serious Injuries.

Children living with only their moms: 10.0 per 1,000 children.

Children living with only their dads: 14.0 per 1,000.

And Moderate Injuries?

Children living with only their moms: 14.7 per 1,000 children.

Children living with only their dads: 20.5 per 1,000.

I'm not sure if there's enough data geeks among you to go into maltreatment under the "endangerment standard" (see definition above), but I will go into it briefly anyway. Suffice it to say that the pattern is very much the same, except with bigger numbers.

ENDANGERMENT STANDARD

MALTREATMENT

All maltreatment (abuse and neglect) for children living with only their moms: 50.1 per 1,000 children.

For children living with only their dads: 65.6 per 1,000.

ABUSE

All abuse for children living with only their moms: 18.1 per 1,000children.

For children living only with their dads: 31.0 per 1,000.

PHYSICAL ABUSE

Physical abuse for children living with only their moms: 9.8 per 1,000 children.

For children living with only their dads: 16.5 per 1,000.

As NIS-3 concludes, "Similar to the pattern described above in relation to Harm standard physical abuse, children who live with only their fathers are at a marginally higher risk of physical abuse than those who live with two parents. (The father-only household is associated with two and one-third times greater risk.)"

So there you have it straight from the NIS-3 mouth.

Another DAD—in PRISON -- who had FULL CUSTODY-- Gave his children to HIS girlfriend’ & paternal family--Where one child was ABUSED to DEATH- young daughter survives—Mother sought to find them –Finds at morgue her child.

Related:VIDEO: Landon Payne candlelight vigil

Their father, Clint Payne, moved the children to South Dakota. He had full custody of both children.

When Clint moved the children, Gray said, her family had no idea where they went or what happened to them.

“We did not know (Clint’s) whereabouts until we got the call from the sheriff’s department telling us to call the HHS office. We called, and that’s when we found out about Landon’s death and that (his sister) was in protective custody,” Gray said, referring to the Nebraska Department of Health and Human Services.

We didn’t have any contact with Clint after he moved. We had no way of getting in touch with him because we didn’t have a clue where he would have went.

Clint was in jail in South Dakota in August 2009. At first, his then-girlfriend cared for Landon and his sister.

http://www.kearneyhub.com/news/local/article_ba48b3e0-0d33-11e0-b93f-001cc4c03286.html

 

Waiting for Justice: Family would have found a way to get Landon Payne to Okla.

Hub GraphicIn a two-day series, Vicki Gray and Clinton Payne talk about alleged abuse victim Landon one year after his death.

Suspects in Landon Payne’s Death

Sharon Turnell, 37

Charges: Aiding and abetting child abuse that led to death.

Bond: Held in Phelps County Jail on 10 percent of $300,000, or $30,000.

Next court date: Kearney County District Court hearing Feb. 2.

Charles Turnell, 38

Charges: Aiding and abetting child abuse that led to death.

Bond: Held in Kearney County Jail on 10 percent of $300,000, or $30,000.

Next court date: Kearney County District Court hearing Feb. 2.

Katie Payne, 19

Charges: Being an accessory to a felony.

Bond: Free on personal recognizance bond.

Next court date: Pre-trial hearing Jan. 5.

Dustin Scoville, 23

Charges: Aiding and abetting child abuse that led to death, accessory to a felony.

Bond: Held in Buffalo County Jail on unrelated charges; bond in this case set at 10 percent of $1 million, or $100,000.

Next court date: Not scheduled.

Posted: Tuesday, December 21, 2010 2:00 pm |Updated: 3:52 pm, Tue Dec 21, 2010.

By BETSY FRIEDRICH Hub Staff Writer |2 comments

PONCA CITY, Okla. — He loved Thomas the Train and “SpongeBob.” He and his grandma played “tickle monster,” and he and his big sister played house.

Landon Payne was like any other toddler when his grandmother, Vicki Gray, last saw him.

“He was very outgoing. He was the baby, the youngest and, yes, we all spoiled him,” she said. “His older brothers spoiled him a great deal. He just had such a big grin on his face all the time. There wasn’t ever a time you didn’t see a smile on his face. He didn’t know a stranger at all. Everybody loved him and thought he was such a cute little boy.”

Payne died Dec. 22, 2009, at Good Samaritan Hospital in Kearney just a few days shy of his fifth birthday.

He allegedly was the victim of child abuse at the hands of his aunt, Sharon Turnell, 37, her husband, Charles Turnell, 38, her daughter, Katie Payne, 19, and Payne’s ex-husband, Dustin Scoville, 23. All four face charges in the case.

Gray of Ponca City, Okla., and Landon’s other family members are grieving and waiting for justice.

Gray said Landon was the youngest child of her daughter, Samantha Head of Cuba, Mo.

The other children are a 7-year-old sister and two half brothers ages 9 and 11. The sister lives with her aunt and uncle in Ponca City, and the boys live with Gray, their legal guardian.

Gray last saw Landon and his sister in June 2007, when their father, Clint Payne, moved the children to South Dakota. He had full custody of both children.

Head had lost custody because of neglect, Gray said.

When Clint moved the children, Gray said, her family had no idea where they went or what happened to them.

“We did not know (Clint’s) whereabouts until we got the call from the sheriff’s department telling us to call the HHS office. We called, and that’s when we found out about Landon’s death and that (his sister) was in protective custody,” Gray said, referring to the Nebraska Department of Health and Human Services.

“We didn’t have any contact with Clint after he moved. We had no way of getting in touch with him because we didn’t have a clue where he would have went.”

Clint was in jail in South Dakota in August 2009. At first, his then-girlfriend cared for Landon and his sister.

Then later that month, Sharon Turnell and Katie Payne traveled to South Dakota to pick up the children and bring Landon and his sister to live with them in Nebraska. In addition to Landon and his sister, the Turnells’ five children and one grandchild also lived in the home.

“I do wish that Clint would have contacted us when he got in trouble in South Dakota to come and pick the children up,” Gray said. “My son and daughter-in-law and myself would have found the money somehow, someway to go up there and get those children. I don’t know why he didn’t.”

While Landon and his sister were gone, Gray said, she and the children’s half brothers prayed for their siblings daily.

“We prayed for God to surround them with angels of protection, to protect them from wickedness and evilness. It was very hard for all of us, with our faith in God, not to blame him for not answering our prayers,” she said.

“I’ve told the boys, ‘God did answer our prayers. Even though Landon is not with us, he answered our prayers by protecting (his sister) and those other children from losing their lives. He wasn’t just looking out for (his sister) and Landon, he was looking out for all the Turnell children, too.’”

Landon’s siblings, Gray, and other family members are planning a small memorial service for Landon Wednesday.

Gray said Landon’s sister has been traumatized by the approximately four months she lived with the Turnells.

“We are giving her lots of love, and we’re listening to her. We hold her tight, and we let her know she’s a very pretty little girl, and how much we love her and that she’s still our little princess,” she said.

Landon’s sister, Gray says, is very withdrawn.

“You can tell she has been tremendously traumatized by all of this. She was unsure at first, the first couple of days, of all of us. She wasn’t sure how she was going to be treated. We knew that was to be expected. Her very first day back here, she never once let go of (her brothers). She held onto their hands,” she said.

Landon’s sister has told family members she and Landon wanted to run away from the Turnell home, but didn’t know where to go and were afraid for their lives, Gray said.

She said she blames authorities for not stepping in to end the abuse of the Turnell children before Landon and his sister moved in. “I do not understand why they didn’t, in the last 15 years, why they didn’t protect the Turnell children, let alone my grandchildren,” Gray said.

Now, the family is waiting as court cases for Sharon and Charles Turnell, Katie Payne and Dustin Scoville move through the system.

“I just wish the charges would be changed to murder instead of aiding and abetting because that’s what it truly is. If it would have been an adult who died, it would have been murder charges,” Gray said.

She said she looks forward to the when the cases are finished. “…Then all of us can start the process of healing and forgiving so God will forgive us of our sins. That’s what his word says, that we have to forgive others. I’m not at the point of forgiveness yet, but once this trial is over and they are sentenced, then I’ll be able to start on the road of forgiveness,” she said.

“I pray every day that God will give me the strength and the power to get through each and every day. There are times at night I can’t go to sleep because when I go to sleep I see what they were doing to little Landon. Landon didn’t deserve that,” Gray said through tears.

“He was too precious of a little boy. He loved life. He loved all of us. … We loved him with all of our heart.”

e-mail to:

betsy.friedrich@kearneyhub.com

Another DAD—in PRISON -- who had FULL CUSTODY-- Gave his children to HIS girlfriend’ & paternal family--Where one child was ABUSED to DEATH- young daughter survives—Mother sought to find them –Finds at morgue her child.

Related:VIDEO: Landon Payne candlelight vigil

Their father, Clint Payne, moved the children to South Dakota. He had full custody of both children.

When Clint moved the children, Gray said, her family had no idea where they went or what happened to them.

“We did not know (Clint’s) whereabouts until we got the call from the sheriff’s department telling us to call the HHS office. We called, and that’s when we found out about Landon’s death and that (his sister) was in protective custody,” Gray said, referring to the Nebraska Department of Health and Human Services.

We didn’t have any contact with Clint after he moved. We had no way of getting in touch with him because we didn’t have a clue where he would have went.

Clint was in jail in South Dakota in August 2009. At first, his then-girlfriend cared for Landon and his sister.

http://www.kearneyhub.com/news/local/article_ba48b3e0-0d33-11e0-b93f-001cc4c03286.html

 

Waiting for Justice: Family would have found a way to get Landon Payne to Okla.

Hub GraphicIn a two-day series, Vicki Gray and Clinton Payne talk about alleged abuse victim Landon one year after his death.

Suspects in Landon Payne’s Death

Sharon Turnell, 37

Charges: Aiding and abetting child abuse that led to death.

Bond: Held in Phelps County Jail on 10 percent of $300,000, or $30,000.

Next court date: Kearney County District Court hearing Feb. 2.

Charles Turnell, 38

Charges: Aiding and abetting child abuse that led to death.

Bond: Held in Kearney County Jail on 10 percent of $300,000, or $30,000.

Next court date: Kearney County District Court hearing Feb. 2.

Katie Payne, 19

Charges: Being an accessory to a felony.

Bond: Free on personal recognizance bond.

Next court date: Pre-trial hearing Jan. 5.

Dustin Scoville, 23

Charges: Aiding and abetting child abuse that led to death, accessory to a felony.

Bond: Held in Buffalo County Jail on unrelated charges; bond in this case set at 10 percent of $1 million, or $100,000.

Next court date: Not scheduled.

Posted: Tuesday, December 21, 2010 2:00 pm |Updated: 3:52 pm, Tue Dec 21, 2010.

By BETSY FRIEDRICH Hub Staff Writer |2 comments

PONCA CITY, Okla. — He loved Thomas the Train and “SpongeBob.” He and his grandma played “tickle monster,” and he and his big sister played house.

Landon Payne was like any other toddler when his grandmother, Vicki Gray, last saw him.

“He was very outgoing. He was the baby, the youngest and, yes, we all spoiled him,” she said. “His older brothers spoiled him a great deal. He just had such a big grin on his face all the time. There wasn’t ever a time you didn’t see a smile on his face. He didn’t know a stranger at all. Everybody loved him and thought he was such a cute little boy.”

Payne died Dec. 22, 2009, at Good Samaritan Hospital in Kearney just a few days shy of his fifth birthday.

He allegedly was the victim of child abuse at the hands of his aunt, Sharon Turnell, 37, her husband, Charles Turnell, 38, her daughter, Katie Payne, 19, and Payne’s ex-husband, Dustin Scoville, 23. All four face charges in the case.

Gray of Ponca City, Okla., and Landon’s other family members are grieving and waiting for justice.

Gray said Landon was the youngest child of her daughter, Samantha Head of Cuba, Mo.

The other children are a 7-year-old sister and two half brothers ages 9 and 11. The sister lives with her aunt and uncle in Ponca City, and the boys live with Gray, their legal guardian.

Gray last saw Landon and his sister in June 2007, when their father, Clint Payne, moved the children to South Dakota. He had full custody of both children.

Head had lost custody because of neglect, Gray said.

When Clint moved the children, Gray said, her family had no idea where they went or what happened to them.

“We did not know (Clint’s) whereabouts until we got the call from the sheriff’s department telling us to call the HHS office. We called, and that’s when we found out about Landon’s death and that (his sister) was in protective custody,” Gray said, referring to the Nebraska Department of Health and Human Services.

“We didn’t have any contact with Clint after he moved. We had no way of getting in touch with him because we didn’t have a clue where he would have went.”

Clint was in jail in South Dakota in August 2009. At first, his then-girlfriend cared for Landon and his sister.

Then later that month, Sharon Turnell and Katie Payne traveled to South Dakota to pick up the children and bring Landon and his sister to live with them in Nebraska. In addition to Landon and his sister, the Turnells’ five children and one grandchild also lived in the home.

“I do wish that Clint would have contacted us when he got in trouble in South Dakota to come and pick the children up,” Gray said. “My son and daughter-in-law and myself would have found the money somehow, someway to go up there and get those children. I don’t know why he didn’t.”

While Landon and his sister were gone, Gray said, she and the children’s half brothers prayed for their siblings daily.

“We prayed for God to surround them with angels of protection, to protect them from wickedness and evilness. It was very hard for all of us, with our faith in God, not to blame him for not answering our prayers,” she said.

“I’ve told the boys, ‘God did answer our prayers. Even though Landon is not with us, he answered our prayers by protecting (his sister) and those other children from losing their lives. He wasn’t just looking out for (his sister) and Landon, he was looking out for all the Turnell children, too.’”

Landon’s siblings, Gray, and other family members are planning a small memorial service for Landon Wednesday.

Gray said Landon’s sister has been traumatized by the approximately four months she lived with the Turnells.

“We are giving her lots of love, and we’re listening to her. We hold her tight, and we let her know she’s a very pretty little girl, and how much we love her and that she’s still our little princess,” she said.

Landon’s sister, Gray says, is very withdrawn.

“You can tell she has been tremendously traumatized by all of this. She was unsure at first, the first couple of days, of all of us. She wasn’t sure how she was going to be treated. We knew that was to be expected. Her very first day back here, she never once let go of (her brothers). She held onto their hands,” she said.

Landon’s sister has told family members she and Landon wanted to run away from the Turnell home, but didn’t know where to go and were afraid for their lives, Gray said.

She said she blames authorities for not stepping in to end the abuse of the Turnell children before Landon and his sister moved in. “I do not understand why they didn’t, in the last 15 years, why they didn’t protect the Turnell children, let alone my grandchildren,” Gray said.

Now, the family is waiting as court cases for Sharon and Charles Turnell, Katie Payne and Dustin Scoville move through the system.

“I just wish the charges would be changed to murder instead of aiding and abetting because that’s what it truly is. If it would have been an adult who died, it would have been murder charges,” Gray said.

She said she looks forward to the when the cases are finished. “…Then all of us can start the process of healing and forgiving so God will forgive us of our sins. That’s what his word says, that we have to forgive others. I’m not at the point of forgiveness yet, but once this trial is over and they are sentenced, then I’ll be able to start on the road of forgiveness,” she said.

“I pray every day that God will give me the strength and the power to get through each and every day. There are times at night I can’t go to sleep because when I go to sleep I see what they were doing to little Landon. Landon didn’t deserve that,” Gray said through tears.

“He was too precious of a little boy. He loved life. He loved all of us. … We loved him with all of our heart.”

e-mail to:

betsy.friedrich@kearneyhub.com

Kids Inside House When MOTHER Was Killed By FATHER

http://www.ktxs.com/big_country_news/26206825/detail.html

Their two children were inside the house when their father shot and killed their mother on the driveway outside. He later shot himself after being confronted by law enforcement officials.

On Tuesday the Nolan County Sheriff investigating the murder-suicide told KTXS that James Elmer Rainey had a small criminal history, mainly due to alcohol incidents.

On Monday Rainey drove to his parents' house and shot his estranged wife, Amy Diane Rainey, there with their kids inside.

He then drove to his home in Trent and shot himself.

Autopsies were to be performed Tuesday in Odessa.

On Thursday, Amy Diane Rainey will be laid to rest.

The visitation will be at 10 a.m. with the funeral to follow at 11 a.m.

Both services will be at the McCoy Funeral Home, located at East 3rd Street in Sweetwater.

Custody Dispute Turns Deadly in Apparent Murder-Suicide

Lawyer making excuse for man who killed family.

There should not be a fight over "possession" of a human child. The mom needs to be able to leave with her child so no one gets killed.

http://www.houstondivorceblog.com/2010/12/custody-dispute-turns-deadly-in-apparent-murder-suicide/

Custody Dispute Turns Deadly in Apparent Murder-Suicide

Posted December 20, 2010

Fountain Valley police have identified the victims in an apparent murder-suicide case that seems to have stemmed from a bitter divorce battle. On Friday Randall Yancey shot and killed both his ex- wife Theresa Yancey and his 8 year old daughter before killing himself.

Officers responded to the scene when someone from inside the home called to report a family dispute. When the officers arrived the body of Theresa Yancey was found on the pavement in front of the house. Before officers could get inside they heard several more shots from inside the house. When they got inside the body of a 45 year old man and an 8 year old girl were found. Inside the bathroom there were two people hiding.

Family members reported that Mr. Yancey was waiting at his ex-wife’s mother’s home for her to return on Friday afternoon. When she arrived with their daughter and got out of the car he approached and began arguing with her. Family members got the girl inside and called 911. Mr. Yancey then shot Theresa and tried to force his way in the house. After kicking a hole in the door and being unable to enter he shot a hole into a window and entered that way.

The mother of Theresa Yancey and two minor relatives ran out of the home, while Theresa’s father and another relative hid in the bathroom while the man shot and killed his daughter and then himself.

Divorce is a stressful and often emotionally charged situation, when battles over child custody turn deadly it is too late to seek a peaceful solution and instead family members must then mourn the vital wonderful people who are now lost due to the built up frustration of a man who would rather have his family and himself be dead than continue the fighting.