Shasta County CPS

Judge denies a mothers plea

My name is Melissa Keren Hill and Iím the mother of two beautiful little girls, Kasity is five and Victorea is three.  Tehama County, CPS took my children from me on March 22, 2002.  On August 2002 my case was transferred to Shasta County CPS.  My two girls were taken because of a mistake.  My youngest daughters father came to my house, I had a restraining order against him. That was the biggest mistake of my life.  We ended up fighting and when I asked him to leave he wouldnít. 

So they have me down as a bad mother that cannot protect my children.  My girls are my life and I would not let anything happen to them.  Itís like I am hopelessly lost without them.  The judge has ordered me to attend many assessments and classes (Domestic Violence, Anger Management, Drug and Alcohol, Mental Health, Counseling, Parenting Classes, Random Drug Tests, and Discovery Group Classes). 

I have finished all of my assessments and classes when Shasta County made me take them all over again.  I am now finished with all of my classes, for the second, third, and fourth time.  I have never used drugs, and therefore do not have a drug problem; neither do I have a violence problem. 

During my last appearance in Shasta County courts I was informed that the judge was going to adopt my children out.  I am now asking anyone who can possibly find it in their hearts to help me find a way to reunite my family.  I do not know what I can do to prevent this from happening.  If you can help in any way.


Sincerely Heartbroken,

Melissa Keren Hill

June 8, 2004

To whom it may concern, 

The Judge, and to all the members of the court, this is my plea to you. My name is Melissa Hill as you all know and I'm losing my children. Please listen to what I have to say. I am a mother without her children!! My girls are my life, my whole being. They are the sole purpose in which I was born. To take away my kids, is to sentence me to die. Please let me live. PLEASE GIVE ME BACK MY KIDS!!! Let them come home where they belong.

Through out this case you Judge Gallagher has claimed that all I have done is squable about my rights being violated and nothing else.  I'm now going to set the record straight so that you will know which rights I feel were violated and why.

When my children were in Tehama county the case plan was to have my kids placed back with me. Since my case was transferred to Shasta county and handed over to Kim Misner that plan was changed. I strongly feel that Kim Misner never had any intention on returning my kids back to me, and she demonstrated that theory by never having any such plan for reunification. She has lied and perjured her self under oath on more than one occasion, and still never received any sort of punishment for that, not even a slap on the hand. Why is that? She did however give me one piece of advice and that was to hire a good attorney. So that is what I did, so I thought.

I hired Franklin Cibula. To this day he has not contributed in doing a single thing for me. He corrupted my case in every imaginable way. I have had to personally write and research all the questions that were asked in court on my behalf, with him doing nothing. Of course I lost, who wouldn't with an attorney like him. Too make matters worse, when it came time to appeal and write a writ he tried to make me pay him $5000 and still came up empty handed again like he was clueless. So, I figured I would have to write the writ myself, but I didn't know how, so Franklin offered me one of his business associates (Manual Garcia) writ's to compare to.

I had only two days to comply and write the writ and had to hand deliver it in Sacramento. Before I left my aunt had Franklin look the writ over to make any corrections that needed to be made, he didn't make any and in fact he signed his name to it and passed it off like he wrote it. He was fired, Franklin never helped me and refuses to give me any remaining documents or copies of documents he may still have.

A very important issue that has never been addressed in court is the fact that my daughters may or may not have been molested while in foster care. So far my family has been the only ones investigated for this offense. To be totally exact my father, Tony Hill has been the only one questioned for the offense, in which that is totally preposterous. First of all, I hadn't lived with my parents since shortly after Victoria was born. Secondly, my father lives in San Francisco and has for the past six years and he only comes home on the weekends. I usually made myself scarce so that my parents could have their alone time, not to mention I know my father would never do anything to hurt his grandchildren.

A person that I felt that could be responsible for this offense has never to this day been investigated, and he was the girls step-grandfather and was my babysitter while I was working. Shortly after the allegations of molestation came out of my babysitter, the girls step-grandfather "Jake " tried to commit suicide. Why you say, your guess is as good as mine. I made Kim Misner aware of the situation and she refused to look into it, along with any other possibilities that could have been investigated.

Why weren't the foster parents ever questioned? After all the problems with the kids acting out was never a problem in any of the other foster homes. Apparently my daughter Kasity climbed onto the foster father's bed on three separate occasions, and supposedly acted out sexually toward him, why wasn't he ever questioned for that? Why did the foster parents allow my daughter to do this more than one time? Why didn't the foster parents report Kasity's behavior to Kim Misner right away, when it first happened? Why did they wait so long?

Another issue that should be addressed is in regards to my contact with William Waddle. I did have contact with him for the sole purposes of the children, and to talk about the harassment that myself and my family were receiving from his family. There has been many disturbing phone calls from Williams mother, Becky. They went on during all hours of the night along with her driving pass my house and disturbing my neighbors by making false allegations about me in the hopes of getting me evicted. On one occasion my fiance John was jumped and beaten, but nothing was ever done about it. Kim Misner has been aware of all situations that has happened and has done nothing to stop it. She knows why there was 

Contact with the Waddles on my behalf and it was my attempted to stop it. So was this held against me?

I have complied with all that I was asked to do. I have had 100% attendance hi all my classes that I have had taken, and I have received high marks in all of them. In fact Jane Barns from my discovery class dealing with domestic violence picked me to be a mentor to others in the class and in future classes.

My family has also participated in trying to get my kids back. My mother and father Judy and Tony Hill have both had life scans done and they checked out perfectly, so why weren't my kids placed with them. My sister and brother in-law Jennifer and Clinton Heiss has also had life scans done and also has passed perfectly, why weren't my kids placed with them. My cousin and her husband Karriann and Robby Rivera have had life scans done and passed perfectly, they even had a in home inspection which was performed by Kim Misner herself, and still nothing. Why were they unable to take Victoria and Kasity home with them? After all Judge it was you that requested my cousin Karriann to get the life scan and inspection done. In fact your exact words to my cousin (Karriann) was for her to apply to get the life scan done immediately. Then you asked Kim Misner if she had any objections to have the kids placed with Karriann if all checked out well. Kim replied by saying that she had no objection to that. So again, why was nothing ever done?

So you see Judge Gallagher there are a lot of concerns that I have had to deal with while enduring the pain of the absence of my children. These are the questions that need to be answered. These are the issues that need to be addressed. These are the rights that I have been fighting for, along with trying to get my kids back. Please lend me a helping hand, don't deny me my kids. They need me, just as much as I need them. They are my love of my life. Please don't take them away!!!

Sincerely, Melissa Hill


I, Melissa K. Hill in the above action declare:

1. Defendant, Melissa K. Hill is requesting on record, to Judge Gallagher and the courts, to have her court appointed attorney, Verlin Johnson, dismissed as her council because of irreconcilable differences, between client and attorney. This request was put before Judge Gallagher two (2) times prior and was denied both times by Judge Gallagher. The law states Ms. Hill has a right to dismiss a court appointed attorney if there are conflicts between counsel and client that can not be resolved, which is the case between Mr. Johnson and Ms. Hill.

2. Appointed court counsel, Mr. Johnson, has refused to talk and/or inform Ms. Hill of the status regarding her pending hearings. When Ms. Hill asks Mr. Johnson questions, he has stuck his hand in her face and has told her to refrain from speaking and asking questions that pertained to her case. Mr. Johnson would not allow Ms. Hill's mother to attend any meetings he

had with Ms. Hill. Ms. Hill had requested her mother's presence to help her understand what was taking place, since Mr. Johnson explanations to Ms. Hill was and is grossly inadequate.

3.   Ms. Hill has had three (3) conferences with her counsel, Mr. Johnson, since the case was transferred to Shasta County, in September 2002. The first time Ms. Hill actually had contact with Mr. Johnson was in November 2002. This was just a couple of days before her December 2, 2002, appearance before Judge Gallagher. That meeting lasted only a few few minutes in his office. Mr. Johnson told Ms. Hill that he did not have a case plan and would not discuss anything with her regarding her case. The-second time Ms. Hill came into contact with Mr. Johnson, he again told her that he did not have any information regarding her case. This meeting lasted just a few minutes also.

4.   On February 12, 2003, Ms. Hill had her third and last meeting with Mr. Johnson. He told Ms. Hill that he had not really looked at her case yet, except to skim through it. He told Ms. Hill that she would not be getting her children back at this point and there would be another hearing in six (6) months. He told Ms. Hill that if she wanted she could appeal the decision in two (2) or three (3) months after she once again completed her Domestic

Violence /Anger Management class and had moved into a place of her own.

5. Mr. Johnson has not filed any motions or rebuttals to dispute the false accusations of molestation of my daughters. Mr. Johnson has not scheduled any further medical exams from a physician that would be an expert in the field of molestation of toddlers. There is no proof in any reports that Dr. Sand is qualified to make or give an opinion of that type of expert testimony. Ms. Misner has conveniently left out copies of the reports conducted by Dr. Sand, of the supposed molestation examination she performed on Kasity in the Addendum Report filed with the courts. Mr. Johnson has not made any attempt to discredit any reports from Dr. Sand or to even check into Dr. Sands employment background history to see if she is qualified to give that type of expert testimony.    ;

6.   The domestic violence reports listed in the Addendum Report by Kim Misner, failed to notify to the courts that there was never a conviction of any of the alleged charges, therefore, none of the cases reported by Ms. Vlisner held any merit. Ms. Misner failed to also report to the courts the arrest of Ms. Hill was due to false allegations made by William Waddle, Victoria's father. Ms. Misner also failed to notify the courts in her report hat Ms. Hill had called the police for assistance to have Victoria's father emoved from her premises due to his attempts to cause harm to Ms. Hill.

When the police arrived, Ms. Hill was arrested for trying to protect herself and her children by leaving in her vehicle. Mr. Waddle in an attempt to save himself from arrest, lied to the police telling the police that Ms. Hill was the aggressor and was trying to run him over with her car, when all Ms. Hill was attempting to do was leave the area until help arrived.

7. I , Melissa Hill do not drink or use drugs, yet I have been tested almost Weekly since March 2002. All tests have come up negative. I have attended all classes ordered by the court. Some of the programs and classes I have attended and completed up two times. Some courses I have completed up to three times due to CPS incompetence and negligence. I have continued to endure this harsh, cruel and unusual treatment generated by CPS and the courts. I will endure and do what ever it takes to re-unite me with my children again. The children that I love and cherish and are not only a part of my life, but are my life.

8. I have been accused of abusing my children, being a drug addict, being an unfit mother, being in the room with my mother, while my father molested my daughter.   I am speechless and overwhelmed to think that I am being accused as well as my family of something as horrible as that.

I, Ms. Hill will do everything in my power to find out the truth so I can protect my daughters.   I and my family have requested to take lie detector tests. CPS and the police department refused us. 

9. My daughters had never displayed any signs of ever being abused. In Ms. Misner's report she states while in foster care, Kaisty, my daughterstarted acting out behaviors of having been molested. She states that as sheis watching TV, she sticks things in her vagina and is not aware she is doing
it. Where is this 24 hour round the clock care they state they give at these Foster homes? Why are they allowing my daughter to be unattended long enough to stick objects in her vagina? My daughter never showed any signs or ever acted out any kind of behavior like that while she lived with me. This type of behavior, if according to Ms. Misner is just recent, then why did they allow her to go so long, months in fact, before they had her medically checked out? Why did no one say anything about any of this just until recently. Why did this all come about right after my mother and father were Live Span assessed and approved?   My fear is that the molestation has taken place somewhere in one of the foster homes my daughter was and/or is placed in. I will do whatever it takes to find out the truth. 

10. If my daughters have to stay any longer than today, after court, still in Foster care, and not released to either myself, or my sister and brother in-law, who were also accessed and approved by Life Span, than I am asking the courts to only allow qualified people, with specialized training in 
dealing with toddlers that have been molested to be around our daughters or talk to our daughters regarding these issues. Any other person without credentials in this area should not be allowed to speak about this to our daughters. It could cause great harm to our daughter's well being and should not be allowed by just any staff member. If this is truly the case.

11. I want to know why there have been only these allegations from the care givers from the Foster Home? I want to know why Mr. Johnson has not checked into all these matters for me? I want to know how CPS can keep my daughters when there has been no proof other than Ms. Misner's 
statement that Dr. Sand confirmed she had been molested. As I have stated before, there is no attached report from Dr. Sand and what expertise does Dr. Sand have regarding molestation. I also believe, by law, I have a right to have my daugter examined by another physician, an expert in that field of my choice, which I am requesting the courts to allow me to do as soon as possible.

12. I am requesting the courts to allow my daughters to return home immediately. 

13. I am requesting that the court dismiss all charges for lack of substantial Evidence and to return my daughters to Melissa K. Hill, their mother.

14.1 am requesting the courts for a continuance so that I may find and secure" another lawyer to take Mr. Johnson's place, if the charges are not dismissed and my daughters are not returned home immediately to me.

15. I was not adequately assessed properly when this case was supervised by Tehama County Social Services. There are statements in reports to this.

16. This motion is based on the matters contained within. I declare under penalty of perjury that the foregoing is true and correct.

Melissa K. Hill

 Adoptions Gone Wrong

 Judicial Terror in Shasta County

 Three Strikes Legal - Index