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Family Law Courts

Boards of Examiners Ripped for Backlogs

Boards of Examiners Ripped for Backlogs

 Sunset Review rough for boards that license and regulate
professionals who play key roles in child-custody cases

by Ken Martin
© The Austin Bulldog 2016
Part 6 in a Series
Posted Friday December 16, 2016 10:39am
Sunset Advisory Commission members (left to right) are public member William Meadows; State Representatives Cindy Burkett, Dan Flynn, Richard Peña Raymond, Senfronia Thompson, and Chair Larry Gonzales; and State Senators including Vice Chair Van Taylor, Juan “Chuy” Hinojosa, Robert Nichols, Kirk Watson; and public member Allen West.

The Austin Bulldog’s investigation of problems in family law courts involving child-custody cases includes a review of complaints against some of the professionals appointed by courts to provide related services. Specific complaints will be detailed in later installments of this ongoing series. An overarching question is why does it take two or three years to resolve complaints against these practitioners? The answer was revealed in the biennial exercise known as Sunset in Texas, which is now underway.
 
Sunset in Texas is not the romantic experience the name might imply. It’s not a time for kicking back, sipping a beer, and watching the sun dip into the chilly waters of Lake Travis. Sunset in Texas is a time for a deep and probing examination of a good portion of the 130-odd Texas governmental agencies to learn how well they are performing. It’s a time for determining whether the sun should set on their work and deciding if these agencies should fade into history.
 
Although the Sunset process for the 2016-2017 cycle is scrutinizing 25 separate agencies, this story will focus solely on the four professions whose services are utilized to varying degrees in family law cases involving child custody: Professional Counselors, Psychologists, Social Workers, and Marriage and Family Therapists.
 
Practitioners in each of these professions are licensed and regulated by a separate Texas State Boards of Examiners. Each of these boards will be abolished unless lawmakers reauthorize them in the 85th Session of the Texas Legislature that convenes January 20.
 
As with all agencies now under review, if these four are reauthorized they could be radically reformed. They could also be moved under the umbrella of a different state agency.
 
Three of these Boards of Examiners—for Professional Counselors, Social Workers, and Marriage and Family Therapists, which collectively oversee some 50,000 licensees—currently receive administrative support from the Texas Department of State Health Services (DSHS).
 
It’s apparent these three boards will not be left to continue floundering as they have been, based on the scathing review of their performance aired during a December 8 hearing of the Sunset Advisory Commission. Under the current operating procedures and with insufficient staff support from DSHS, they have not kept up with the workload. The backlog of unresolved complaints against the professionals they regulate has grown exponentially in recent years.

During Fiscal Years 2000 through 2006, the average length of time for these three boards to resolve complaints rarely exceeded 200 days. But since FY 2007 the length of time needed to resolve complaints has been rising steadily and now stands at 2.3 years for marriage and family therapists, 2.9 years for professional counselors, and 3 years for social workers.
 
These delays fail to protect the health and safety of Texans—many of whom are struggling with litigation and mental stress. The delays also soil the reputation of practitioners who may have been wrongfully accused of misconduct and would like a timely opportunity to clear their names.
 
The Sunset Advisory Commission Staff Report recommended that the Board of Examiners of Professional Counselors, Social Workers, and Marriage and Family Therapists all be transferred to the Texas Department of Licensing and Regulation (TDLR) by August 31, 2018.
 
In addition the staff report recommended that the boards’ complaints and ethics committees be abolished, that board members not be involved in investigating complaints, and that TDLR develops a policy for prioritizing complaints and updates enforcement plans. In addition the report calls for throwing a wider net when checking the backgrounds for licensure applicants to include fingerprints and checks for disciplinary actions taken in other states. 

Psychologist examiners board excels

A Troubled Father’s Last Chance

 A Troubled Father’s Last Chance

A mother fears he has not kicked
his addictions or changed his ways

By Ken Martin
© The Austin Bulldog 2016
Part 5 in a Series
Posted Wednesday October 26, 2016 2:23pm

This is a story about one of the 5,615 divorce cases filed in Williamson County involving children under the age of 18 during the five-year period ending December 31, 2015. It started with a divorce in 2011, involved three separate lawsuits, and culminated last month with a final order.

Jack Lumus (TxDPS)Jack Walton Lumus, 43, might be less than a perfect father to his five children. Four of the children were born to three women. He adopted the fifth child (his third wife’s daughter) when she was 10. Four of the children now range in age from 19 to 22. For more than two years he did not see his youngest son, now 11 (and who will not be named in this story due to his age).

From the time he was a young man Lumus led a troubled life. This story will detail many of his transgressions including multiple occasions of abusing his wife and children. His third ex-wife and two of his older children, while emotionally distraught and fearful of reprisal, testified in court to the abuses they suffered and witnessed. Yet Lumus denied these allegations in his own testimony. Was he in denial and trying to evade responsibility, or were his ex-wife and children lying, as he testified?

Today the overarching questions are whether Lumus has overcome his admitted drug and alcohol dependency, whether he is faithfully taking the medication prescribed for his bipolar disorder (also known as manic-depressive disorder), and whether he is equipped to provide love and guidance in the upbringing of the one child he has not alienated.

This story cannot provide a definitive answer as to whether Lumus is today a suitable parent. The effort is hobbled by the fact that, through his lawyer, Lumus declined to be interviewed. The many questions prepared for him will go unanswered.

Charles Sullivan“My client is not going to call you back. We will do what we did in the courtroom, which is where it should be handled,” said attorney Charles Sullivan of Jones Sullivan PLLC, based in Canyon Lake.

“Get your facts straight,” Sullivan warned. “I have sued the Austin American-Statesman and New Braunfels Herald-Zeitung. (Neither newspaper could recall having been sued by Sullivan, who was licensed to practice law in May 2007.)

This story is based on police reports, criminal history files, more than 70 court records including transcripts and affidavits, and interviews with an ex-wife who says she has done what’s needed to protect her son. Given the boy’s age and that Lumus is allowed unsupervised visitations, this will remain her chief concern.

There are red flags. But only Jack Lumus knows if he is playing by the rules or he is deceiving others to get what he wants and not what’s best for the boy.

Broken relationships, bad conduct

Jack LumusIn September 1990 at age 17 Jack Lumus enlisted in the U.S. Marine Corps Reserve, according to public records obtained from the National Personnel Records Center. A year later he went on active duty in Houston, went through boot camp in San Diego and was then transferred to Camp Pendleton, California.

Fewer than eight months into his active duty service, in April 1992, Lumus married Kimberly A. Cooley in Harris County when they were both 18, according to records maintained by the Harris County Clerk and the Texas Department of State Health Services (DSHS). (No record of their divorce was found.)

Custody Dispute Ends in Mistrial

 Custody Dispute Ends in Mistrial

Care of twin boys unchanged after
week-long trial in Travis County case

by Ken Martin
© The Austin Bulldog
Part 4 in a Series
Posted Tuesday May 24, 2016 2:14pm

A happy mother, Cassandra Medrano, and her attorney Jake Gilbreath, after the trial.Which parent should have the exclusive right to determine the primary residence of twin boys born to a never-married couple?

That was the only question for a Travis County jury of seven men and five women. The decision was to be based solely upon what the evidence indicated would be in the best interests of the children. The boys, who were a year old when the couple separated, recently turned seven. One of them is autistic.

In this case, the jury was asked to determine whether the circumstances had materially changed since the court order of November 12, 2010, which gave the mother primary custody. The trial was initiated by the boys’ father, who pushed this case back into court in an effort to win that right.

If the jury favored the father’s request, it would then be up to the judge to decide all related matters, such as how the children’s school and medical care should be decided, how visitation rights for the non-primary parent would be handled, and how and when the children will be exchanged.

Stephen YelenoskyThe proceedings ended in a mistrial because a sufficient number of jurors were unable to agree on a verdict. Thus, the status quo was preserved. The mother, who has been the primary custodian of the boys care for more than five years, will continue.

In this type of civil case, at least 10 of the 12 jurors must agree on a verdict. The jury was impaneled on Monday May 2, then sat through more than three days of testimony, and deliberated for a total of about eight hours, starting the morning of Friday May 6 and resumed Monday May 9. Ultimately they informed the judge that they were hopelessly deadlocked.

Judge Stephen Yelenosky of the 425th District Court declared a mistrial late Monday morning.

While this particular case involved only one set of parents and children, the themes played out in the trial—the allegations of each other’s wrongdoing—are nearly universal given the highly emotional custody battles that are fought daily in the courts of not only Travis County but also the state and nation.

In 2013, the latest year for which statewide statistics were available, there were 76,423 divorces in Texas involving 59,135 children under the age of 18. Many of these children will be pawns in litigation that plays out over many years and leaves it to the family courts to determine what is in their best interests.

Opening statements

Commissioners Respond to ‘Extortion’ Complaints

 Commissioners Respond to ‘Extortion’ Complaints

But discuss only cost of Williamson County Domestic
Relations Office, and claim need for judges to buy in

by Ken Martin
© The Austin Bulldog 2016
Part 3 in a Series
Posted Tuesday April 26, 2016 4:03pm

Lisa BirkmanAfter months of hearing from parents who claim they are being ripped off by racketeering in the family courts of Williamson County, Precinct 1 Commissioner Lisa Birkman briefed the Commissioners Court about research she had done to explore the possibility of establishing a Domestic Relations Office (DRO). That is a goal advocated by the Texas Association for Children and Families (TACF).

Birkman described the duties of the professionals who are appointed by courts to assist in making decisions about child custody. The person appointed will interview the children, parents, and others and report to the judge, she said. In Williamson and most other Texas counties the person appointed would be an attorney or other licensed professional in private practice.

She noted that the Family Code allows the Commissioners Court to establish a DRO, such as the one operated by Travis County. Among other services provided by the Travis County DRO, it has employees qualified to be appointed as guardian ad litem to advise the court on the best interests of children.

“There's only a few counties that do it that way and it's expensive,” Birkman said. (Actually there are eight such counties in Texas, per the Texas Association of Domestic Relations Offices.)

Birkman cited cost figures for three DROs:

• Harris County (Houston) has 42 employees and a $3.3 million annual budget.

• Tarrant County (Fort Worth) has 83 employees and a $7.2 million budget.

• Travis County (Austin) has 51 employees and a $3.6 million budget.

“The way we do it in Williamson County, and most counties in Texas, is the parents bear the cost,” Birkman said.

Judges not yet responsive

Parents Demand Halt to ‘Extortion’

 Parents Demand Halt to ‘Extortion’

Texas Association for Children and Families and
parents demand reforms under threat of lawsuit

by Ken Martin
© The Austin Bulldog 2016
Part 2 in a Series
Posted Monday April 18, 2016 9:12pm

Williamson County Commissioners Court. Judge Dan Gattis (center) and Commissioners (left to right) Lisa Birkman, Cynthia Long, Valerie Covey, Ron MorrisonTomorrow morning the Williamson County Commissioners Court is scheduled to hear yet again from the Texas Association for Children and Families (TACF) about alleged corruption. The organization claims that for years a “racketeering enterprise” has been operating right under the noses of family law courts in Williamson County, wrecking the lives of children and parents, and ruining them financially.

The court-appointed professionals named by the TACF as being involved in the alleged scheme who were reached for comment have denied any wrongdoing.

This will be the fourth time representatives of the TACF and parents have appeared in person since last December 1 to complain about alleged injustices and plead for help. Previous appearances have yielded only disclaimers that these problems are beyond the power of the Commissioners Court to remedy.

This is a last-ditch attempt to get a so-far resistant Commissioners Court to establish a Domestic Relations Office, similar to one operated in Travis County for decades. This office would provide essential services focused solely on achieving the best outcomes for Williamson County parents going through divorce and child-custody disputes.

Joseph GaleJoseph Gale, TACF’s executive director, will tell commissioners that parental rights are being abused and children are being damaged by a number of professionals involved in family law cases in Williamson County, who are allegedly more interested in extracting fees than achieving the best outcomes.

TACF and these parents seek the Commissioners Court’s cooperation in initiating a remedy. If that assistance is not forthcoming by June 1, TACF says Williamson County will be named as a defendant in a lawsuit.

Gale will deliver signed letters to the Commissioners Court on behalf of TACF, four mothers, and one father. These and possibly other parents are expected to be plaintiffs if a lawsuit is necessary. The parents claim their families and their children were and are being harmed by the failure of the Commissioners Court to supervise the judges and court appointed professionals.

‘Racketeering enterprise’ alleged

A Tale of Two Counties

 A Tale of Two Counties

Child custody cases get help in Travis County but in
Williamson and most other counties you're on your own

by Ken Martin
© The Austin Bulldog 2016
Part 1 in a Series
Posted March 15, 2016 1:22pm

In the State of Texas in 2013 there were 76,423 divorces involving 59,135 children, according to statistics provided by the Texas Department of State Health Services’ Center for Health Statistics. Some of those divorces resulted in amicable arrangements for child custody in which the parents rose above self-interest and focused on sharing their responsibility to shepherd happy and well-adjusted children into adulthood.

But there is all too much evidence of divorce cases in which the bitterness bestowed by bickering parents pervades every aspect of their children’s lives. In those cases, money may be the least of concerns in the combat for control and custody of children borne out of love and delivered into the war zone of a contentious divorce.

Divorces are emotionally exhausting and can leave parting parents drained, both emotionally and financially. When minor children are involved, the romance may have ended but the parents remain connected to jointly look after their custody, housing, education, medical care, and emotional well-being until they come of age.

Even long after the divorce is final, the ties that bind divorced parents together over issues of child custody may fray and grow contentious.

Divorced parents may continue to struggle for control over critical issues: Where will the children live? Where they will be educated? In which extracurricular activities will they participate? What kind of medical care will they will receive? Not the least of these stressful issues is which parent will pay for these and the myriad other expenses involved in raising children?

When one parent’s behavior appears to threaten or endanger the children—or for whatever reason becomes unacceptable to the other parent—the deadlocked former mates may jump to hire lawyers and seek to air their grievances in a court of law.

The children’s welfare—the thing that should be uppermost in the minds of deadlocked parents—may get shoved aside, become a casualty of family warfare. At that point the overriding goal of looking out for the children becomes a concern for the court. The judge may choose to appoint someone to look after the best interests of the children.

Whoever’s appointed has to come in and objectively examine the circumstances and then make an informed recommendation to the court about what’s best for the children. That person is usually an attorney ad litem or a guardian ad litem. Translated from the original Latin, ad litem means “for the lawsuit.”

The key difference between the two types of ad litems is explained in an informative guide for parents published online, along with a lot of other information important to divorcing couples, by the Travis County Domestic Relations Office:

The Guardian Ad Litem, who is often a licensed professional counselor, focuses on the child's best interests in making recommendations to the court, even if that is not what the child says he or she wants (emphasis added).

An Attorney Ad Litem is appointed by the court to represent the child's best interests and wishes. However, if the child's best interests are different from the child's wishes, the Attorney Ad Litem will represent the child's wishes (emphasis added).

Typically a given custody case would involve one or the other of these kinds of ad litems and not both.

Once appointed, the ad litem will investigate, complete written reports for the court, and testify in court hearings.