Do You Have the Courage to Protect when the Path has been Clouded?
The plane was scheduled to leave Oakland Airport at 5:30 pm on Wednesday, February 17, 2021. Jane was anxious about boarding the plane with her father. She told multiple people, including her mother, a nurse, the police, and staff at the hospital, she would kill herself if she had to return to Phoenix with him. She escaped momentarily from her father into the restroom and asked a stranger to borrow their phone as one last hope before her flight departed for Phoenix. Why couldn’t the professionals understand her or help her?
Jane's story is more common than most believe. She is a girl who reported her father sexually abused her. At times it was even hard for her to understand this. Children at four years old do not have words to express a molest or rape. They are taking in the entire world around them as their vocabulary increases every day, yet the words to express a sexual abuse are not there for them. Children take in how others are treated and how they are treated. But they may not know the difference between a safe touch and a molest at four. They may feel strange about it. They may have been groomed years before the first molest. But we do know they may feel uncomfortable and even know it is wrong.
At three years old when her parents divorced, and at seven she stopped seeing her father. Jane still did not fully understand the abuse she endured when he left. Her life changed though. Her father moved away without a forwarding phone number, email or address. He remarried. Her mother remarried and soon she would have three more siblings by the time she was a teenager. Where did her father go? Why did he never send her and his sons cards or presents on their birthdays. Why didn’t he call?
Jane went through some tough years. She had not processed her abuse fully. Even though she started disclosing while she was younger and her mother reported these disclosures to CPS, the allegations were unfounded, partly because as a little girl she was unable to explain it to CPS.
But what if she did tell enough when she was younger? Did professionals know how to understand abuse then? This is a reasonable question for she has told professionals this month, years into the #METoo movement, and still she was not given protection from her father. The abuse was denied and she was forced, court ordered, to move back with him to Phoenix.
Here is what you should understand, Jane was confused and in trauma for years. As we know from the ACE Study (Adverse Childhood Experiences), children who are abused are more likely to be anxious, depressed, self harm, struggle to stay in school, have a high rate of teen age pregnancy and suicide. Jane had a typical response to going through abuse and then it being dismissed by those who are responsible for protecting abused children. She was hospitalized multiple times during the time her father was out of her life. She was also searching for more answers from her life with her father.
Last summer when most were trying to cope with the pandemic, Jane reached out on social media to her stepmother. She started telling her stepmother and father about her trauma. Her memory of her father’s abuse to her had been repressed. She needed answers and was searching for more. After hearing of her hospitalizations, her father filed for custody in 2020, something he walked away from in his 2010 divorce.
Jane said to the court she wanted to live with her father. The court granted the 13 year old's request. In California, the judge should consider the wishes of a child if they are of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation (Family Code 3042). The court granted the father custody and Jane went to live with him in October 2020 at his home in Phoenix, with a trip back to see her mother, stepfather and siblings in December 2020.
When Jane arrived home this past December, she told her mother she remembered more of the abuse by her father, she said she did not want to go back with him and she refused to go back on the three separate flights scheduled after the visit to her home with her mother was ordered to end.
This story started with telling you Jane told hospital staff and a nurse she would kill herself. She had already told her mother she would kill herself or run away if she had to go back with her father. The pressure was mounting as her father insisted the court order be followed and she return back to her home with him. She overdosed on over the counter medication at the end of January and was on a 5150 hold. Once again, she told multiple people she was sexually abused by her father and still nobody stepped in to protect her.
While on the 5150 hold, her father went back to court to ensure Jane would need to leave the hospital with him. The February 2 order stated as such; Jane must leave with her father to Phoenix even though she told the court on January 6, 2021 that her father molested her. Communication with both parents was to remain unless the doctor ordered no communication.
The mother reached out to a nonprofit organization on February 6, 2021 for help based on the advice from a potential lawyer as her daughter was scheduled to be released from the hospital to the father on February 7. Was the advice to understand how normal this situation is, that abuse is dismissed and if a protective mother in California raises this, she could have up to an 85% of losing custody to the abusive parent, even one who has raped their child?
While Jane’s mother learned of the rights of 12 year old's in CA, she was able to tell her daughter about these, the right to call an abuse shelter and also ask for restraining order. Jane did call a local shelter from her hospital bed and they said she should call the police because they do not deal with children issues.
Jane told the police and hospital staff four times she would kill herself if she had to leave with her father as they tried to discharge her into his care on the 7th. The police told the father to leave and Jane would, at least for a short period of time, remain at the hospital.
Normally when a child refuses to go with an abusive parent, the abusive parent uses a DARVO strategy, that is they defend, attack and reverse victim and offender. Jane’s father denied the abuse and blamed the mother of making Jane say she was abused. If the child refuses to go with their abusive parent, we know in many cases a reunification process is used, be it in a camp situation, a weekly therapy session or even as we see in Jane’s case, a hospital situation.
Jane was told she could not speak with her mother any longer. Even Jane’s grandmother was barred from speaking with her. It is unclear if the doctor ordered this or the father insisted the mother’s and daughter's communication end. She was also told to leave the hospital she would need to have four positive calls with her father. This was a difficult week for Jane. Who would listen to her? Why were they forcing her to have a relationship with the man who abused her?
The child advocate called the hospital on February 11 to ask about the lack of communication with the mother, only to get a message that said they would call back within a week. A week would be too late.
When Jane told multiple nurses at the hospital that her father molested her, one nurse replied, “give your dad another chance, people change” while the others seem to dismiss it as well. Was there a CPS report made as mandated?
The mother filed for an emergency custody order after Jane had told the police and staff that she would kill herself if she had to be with her father. It was denied.
After four “successful” reunification phone calls with her father, Jane was released to his care and off to the airport. Jane was panicking and desperate to get to a safe space. She wanted to go home with her mother. While at the airport on the 17th of February, she said she needed to use the restroom. Once outside of her father’s supervision, she asked a stranger if she could use her phone to call her mom. The stranger agreed and Jane called her mother, told her she was at the airport and asked what to do next. Her mother told her to call the police. The stranger said she needed to go and left Jane wondering what would happen next.
The mother called the police at the Oakland Airport. They went to speak with Jane and it was determined that she was fine. At the same time, the child advocate received the call back from the hospital. It had nearly been a week since the message was left. The hospital staff member listened and said she should have the advocate speak with the supervisor. The supervisor did not call back, but the advocate checked in with the mother to see what transpired during the week.
After hearing that Jane was at the airport, ready to take off in 40 minutes, the advocate called the airport to speak with the police. Immediately they said they had already spoken with this family. They had dealt with trafficking issues in the past and were ready to take her to child protective services if needed. The office said Jane did not disclose any information that would allow them to take her. The advocate asked why then did she call her mother in desperation from the bathroom.
In a culture that dismisses abuse, we must all learn new steps, have Institutional Courage to name abuse and look beyond the fear-filled statements of a 13 year old that has been forced to leave with her father despite her best efforts to stay safe. The office said a new team was just coming on duty and he agreed to send them to speak with her again.
This time Jane told the officers she did not want to be with him, but agreed he could take her to the hospital.
Another near save, yet did he take her?
The mother received a call from a patient at the hospital whom Jane had befriended. The note stated to call her mother and tell her she was now leaving with the father once again to the airport.
Jane is back in Phoenix. She was silenced. She was dismissed. She was not understood. She is fearful. There are concerns she will hurt herself.
[2.22.21 UPDATE: Jane is currently in a mental health facility in AZ. She is still fearful and concerned she is not being heard and will be sent back to her father's as they are not allowing her to talk with her mother. ]
Reports to CPS were not helpful. The hospital did not report to CPS as far as it is known. The police gave a bit of hope to Jane on the 17th when they intervened a second time, but once again she was back at the airport.
The court listened to a 13 year old when she wanted to live with her father. There was to be another hearing to see if this was indeed what she wanted. Once she said no to living with her father and requesting to live with her mother, the request was denied. Why did the court not listen to her wishes this time as they did when she asked to live with her father?
This time she reported she was sexually abused by her father. Abuse dismissed.
How many times did you read in this story of a missed opportunity to save Jane?
We ask those in Phoenix to step forward to protect Jane. To be noted, Jane is not her real name. Jane is willing to speak to the press, but we know, like many others living in abuse, she does not have a way to have outside communication since she is now homeschooling in Phoenix.
This is Jane’s story. This is a common story. It is time there is Institutional Courage and Jane is heard and protected. To those who are responsible for children’s safety, will you do what is right and just now? Will you allow Jane to have her rights to be safe?
Note: this story has been corrected to reflect her parents divorced when she was three and at seven she stopped seeing her father when he moved away.








