Dec 01, 2017 at 09:07 pm

Victory!!!! Baby Elijah comes home!

Update posted by Simona Mona

***UPDATE***We had the first taste of victory and justice as it was decided by the court that baby Elijah could go home!

I arrived at the courthouse for the shelter hearing today ready for a long day of waiting through testimony. To my surprise the doors of the courtroom opened after only about 20 to 30 minutes of court being in session. We had the first taste of victory and justice as it was decided by the court that baby Elijah could go home with his mom (Diamond) and dad (Ari) TODAY!

I witnessed the pure joy on Diamond’s face as she was wheeled out of the courtroom knowing that she would be able to hold, nurse, and bond with her baby today. The church members, friends, and family cheered, hugged, and cried as the news spread through those of us that had hunkered down for the long haul. The news came so quickly that it took a moment for it to all sink in and then people went into action and planning. There was an excited shout, “We have to get the carseat!”

I have witnessed an incredibly supportive church family lead by pastor Brenden Biggs. Under his direction, the church had come together with a plan of 24 hour assistance for the family and the court agreed. According to state statute, the longest that this agreement can be in place is 3 months.

We were not told facts specific to this case as it cannot be shared at this time. We do know that the legal procedure would be this: First there is a shelter care hearing. At this point, there can be a resolution reached which stipulates that there is a reason for the Dept to be involved. Part of allowing an agreement like this means that the party is then able to get the child back immediately. The case moves toward a pre-trial, then an adjudicatory hearing within 30 days (after the removal of the child). The parents can agree to move the hearing but the hard date is 3 months. The resolution put forth can stay in place for 30 days, but no later than 3 months. At 3 months a new resolution needs to be written or the case dismissed. The resolution can also be dismissed at anytime.

Pre-trial hearing is set for Dec 18th at 1:30 pm. The adjudicatory hearing set for Dec 22 at 9am. Of course, these times can be subject to change and we will notify you of any changes.

This is a time to celebrate! It is also a time for the family to bond as a new family should. They have things to learn especially Diamond as she learns how to mother Elijah with a disability. This is no small task but now she has the opportunity to do this, as I would imagine that she intended, with the guidance and care of those that love her.

As for the rest of us, we need to look into the heart of this issue which is the systematic overreach of the department. It is imperative that people know their rights and how to enact those rights from the beginning of a situation before it escalates. We plan on educating ourselves and you as we delve into the law and the protection that it can provide. We must do so keeping in mind that our human rights and parental rights are NOT granted to us by the government but by our Creator.

You can do your part. Please donate $5, $10, $25... As this is not over. The family will have financial needs as they move through this process.

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