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7
ORAL DEPOSITION
8 OF
STEPHANIE SAMMONS
9 September 7, 2016
Volume 1
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11 A. Stephanie Sammons.
12 Q. And Ms. Sammons, where are you employed?
13 A. With the Texas Department of Family and
14 Protective Services.
15 Q. And are you familiar with the case causing this 01:05
16 deposition today?
17 A. Yes.
18 Q. Now, has anything happened today that would
19 cause you to have any difficulty remembering the facts of
20 this case? 01:06
21 A. No.
22 Q. And as I ask you questions, if there is
23 something that you don't understand or that I need to
24 repeat, will you make sure that you ask me to repeat that
25 question so that you fully understand it? 01:06
6 A. Yes, sir.
7 Q. Has anyone instructed you to not answer my
8 questions truthfully or honestly, to the best of your
9 ability?
10 A. No. 01:06
21 department?
22 A. Yes.
23 Q. Have there been caseworkers under you that have
24 worked on this case?
25 A. Yes. 01:07
11 you say that you are the person with the most knowledge
12 and experience with the on goings of this case?
13 A. Yes.
14 Q. From the department's perspective?
15 A. I've had the most contact with the parents. 01:08
21 the parents?
22 A. Ms. Pequeno was out on leave for a few weeks.
23 So, I was handling setting up the visits, things for her;
24 and then when she returned, she gave her notice. So, in
25 the meantime of it transitioning, I just kind of handled 01:08
16 is that correct?
17 A. That's what I understand, yes.
18 Q. And this first one that you're speaking of was
19 actually nonsuited by the department?
20 A. The first time they sought custody, yes. 01:10
16 Q. Yes.
17 A. It's my understanding that the judge ordered
18 that we would have TMC, but the baby was placed with the
19 parents at the grandfather's house.
20 Q. When you say "grandfather's house," whose 01:11
21 grandfather is that?
22 A. It's Ashley's grandfather.
23 Q. Ashley Smith?
24 A. Yes, Mr. Stephen Erickson is his name.
25 Q. And were there problems with that placement? 01:12
21 Q. To July --
22 A. Yes.
23 Q. -- with Ms. Parsons?
24 A. I don't know if it was all the way to July
25 because I believe -- I don't remember if he was still 01:16
11 Q. Yes.
12 A. Yes.
13 Q. So, you filed this lawsuit in July of 2015; is
14 that correct?
15 A. Yes. Well, I didn't; but the -- yes, the 01:17
16 agency did.
17 Q. So, can you tell me from that December to that
18 July -- you're saying that these parents placed this
19 child in an environment that was dangerous to his mental
20 and physical well-being. 01:18
21 Q. Got you.
22 So, let's talk a little bit about where
23 Ryan Smith, Jr., is today. This little boy has got a lot
24 of medical issues, does he not?
25 A. Yes. 01:21
16 his genital area where the urethra did not form. They
17 have done one of the surgeries. They are preparing to do
18 the second surgery.
19 He is being followed by an ophthalmologist.
20 He had persistent pupillary membrane of his eye that 01:23
6 little bit?
7 (Off the record.)
8 Q. (By Mr. Kersh) Okay. So, you had ended with
9 the therapist, the occupational therapist?
10 A. The occupational, physical therapist and speech 01:25
6 A. He is.
7 Q. And how much weight has the baby gained since
8 he came into the department's care?
9 A. The last weight that I have down on here was
10 the middle of June, and he weighed 9 pounds 3 ounces. 01:28
16 A. Yes.
17 Q. Did the baby have an incident at daycare while
18 in the department's care?
19 A. What do you mean "an incident"?
20 Q. Was there a need to rush the baby to the 01:29
16 A. To Clear Lake.
17 Q. And how long was he there?
18 A. A couple of days.
19 Q. And by this time, he was already placed in
20 foster care, correct? 01:31
21 A. Yes.
22 Q. Was there anything that you're aware of that
23 would have given you warning about this baby not being
24 able to breathe?
25 A. Any, like, preexisting conditions? No. 01:31
11 Q. That's okay.
12 And what about the neurologist for the
13 developmental issues, when did he or she become involved?
14 A. I don't know if that's who he had been referred
15 to after the December, 2014, incident when they had taken 01:33
16 Q. Yes.
17 A. -- or have difficulty breathing? No.
18 Q. And neither the department nor the adoptive
19 parents -- strike that.
20 Is it your position that neither the 01:37
16 what?
17 THE WITNESS: I mean, I would have to
18 review the whole removal to figure out specifically what
19 he is asking for because I don't want to misstate
20 something that I read before but didn't have firsthand 01:40
11 the fact that you just don't like my client very much?
12 MR. TRAN: Objection, form.
13 A. I would say none of that.
14 Q. (By Mr. Kersh) So, after the baby came into
15 care with the department and the foster parents, which 01:42
16 was around that July time frame of 2015, there has been
17 communication between Ryan Smith, Sr., and yourself?
18 A. Yes.
19 Q. And sometimes he has not been very polite?
20 A. Sometimes but at the same time, we've also had 01:43
21 prior to removal.
22 Q. (By Mr. Kersh) But there has been several
23 attempts at removal on the first lawsuit that was
24 nonsuited; and then we have a second lawsuit, correct?
25 A. Yes. 01:45
21 A. I have --
22 Q. It's your deal. I'm just asking, he's taken
23 one. If he takes another one, that is two.
24 So, you said he took one in July. If he
25 takes one in September or even the first part of October 01:53
6 possibilities, correct?
7 A. Well --
8 Q. Do you have personal knowledge of it? Have you
9 seen it with your own eyes?
10 A. Not what I've seen but what one of the parties 01:55
16 complete?
17 A. From her psychological evaluation, she was to
18 attend doctor's appointments. She has attended two of
19 the doctor's appointments. And then from her drug and
20 alcohol assessment, she was recommended substance abuse 01:58
11 A. -- into that.
12 Q. (By Mr. Kersh) Okay. So, specifically, what
13 services, as we sit here today, has she not completed?
14 A. The anger management recommendation -- right,
15 but you asked me what has she not completed. 02:01
21 completed?
22 A. The substance abuse recommendations which were
23 substance abuse education and she did not -- she has not
24 been attending the doctor's appointments.
25 Q. Okay. Did you offer her an opportunity on the 02:02
11 conditions?
12 Q. (By Ms. Landry) Of what you know as far as
13 you're aware of.
14 A. As far as I'm aware, no.
15 Q. Is there anything that you're aware of prior to 02:17
21 Mr. or Mrs. Smith should have done that they didn't do?
22 MR. TRAN: Objection, form.
23 A. I remember reading when they took him to the
24 hospital in December of 2014 --
25 MR. KERSH: Objection, form. 02:18
21 else's work?
22 A. Correct.
23 Q. Not anything you have any personal knowledge
24 of?
25 A. Correct, because I was not involved in the case 02:22
21 one of the reasons why you said they were removed in July
22 was because of noncompliance of services. Were those
23 family-based services, or were they services that they
24 were ordered to do?
25 MR. TRAN: Objection, form. 02:24
6 family-based case.
7 Q. What was the original goal in this case?
8 A. Family reunification.
9 Q. And when did that goal change?
10 A. In December of 2015. 02:25
11 Q. Why?
12 A. For a couple of reasons. The parents were slow
13 in getting in their services. They were not consistently
14 visiting Ryan, and they were not attending his doctor's
15 appointments. 02:25
6 A. Weekly.
7 Q. For how long?
8 A. For an hour.
9 Q. Where?
10 A. It just depends. If they want it during the 02:27
6 Q. Anything else?
7 A. A home where the parents are meeting all of the
8 children's needs, basic and otherwise, you know, able to
9 take them to doctors' appointments as needed, being able
10 to understand the importance for that. 02:32
11 Q. Anything else?
12 A. No.
13 Q. Is it the department's position that a home
14 that has alcohol in it is not safe and stable?
15 A. Can you restate that, please, or say it again? 02:32
6 therapist.
7 Q. And which one of the services for both of the
8 parties was he supposed to cover?
9 A. He was working on -- he initially started
10 working with them on anger management, relationship 02:38
21 aware that they had actually not seen him since December.
22 He said he was going to discharge them. I
23 asked him not to because we would have to set them up
24 with another therapist.
25 And he said that it could be that 02:40
21 back to counseling.
22 Q. But when we had our permanency hearing in
23 August, you didn't request the Court to order her to go
24 into anymore counseling?
25 A. I did not. 02:41
16 counseling.
17 Q. And that's currently trying to be set up with
18 Ms. Lewis?
19 A. Yeah, she has been trying to reach Ashley for
20 several weeks. 02:43
6 issues, correct?
7 A. Yes.
8 Q. And instability in the relationship?
9 A. Yes.
10 Q. And that Ashley was not bonded with the baby? 02:43
11 A. Yes.
12 Q. Those were your three responses to the question
13 of why these parents' rights should be terminated.
14 Can you tell me the not making the
15 appointments, that was after the pickup of the child, 02:44
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5 ____________________________________
6 STEPHANIE SAMMONS
7
23 ________________________
24 NOTARY PUBLIC IN AND FOR
25 THE STATE OF ___________
7
_____________________________
8 Minnie Cadena, CSR, RMR
CSR No. 5849
9 Expiration Date: 12-31-16
111 E. Locust, Room 321A
10 Angleton, Texas 77515
(979) 864-1605
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18 Minnie Cadena, CSR, RPR, RMR
CSR No. 5849
19 Expiration Date: 12-31-16
111 E. Locust, Room 321A
20 Angleton, Texas 77515
(979) 864-1605
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