Child Custody Battle - Woman lashes out at DCS

Child Custody Battle - Woman lashes out at DCS

By TONYA SMITH-KING
March 23, 2008

A Gibson County grandmother is accusing the state Department of Children's Services of violating its own rules in a custody fight that involves her slain daughter's 14-month-old son.

Cheryl Alford and her attorney, David Camp of Jackson, have asked state Sen. Lowe Finney, D-Jackson, for an investigation of the DCS's actions in the case to determine whether they were proper.

Cheryl Alford said department officials violated procedure by not contacting her before placing the child with her ex-husband, Tommy Alford, and his wife, Lisa Alford, after her daughter's death. Cheryl Alford also contends that DCS violated its policy by failing to interview her about her ex-husband before deciding to place the child with him.

"I believe a close scrutiny of the Department's conduct will support Cheryl's belief that actions taken were in violation of policy and procedure and corrective action should be taken," Camp wrote in a letter to Finney.

The DCS denies any wrongdoing.

"The Department is confident that it has been following its policies closely in this regard," DCS spokesman Rob Johnson said. "But I can't talk about specifics because of confidentiality laws."

Finney could not be reached Saturday for comment.

Said Tommy Alford: "I just feel like the DCS did their job."

Cheryl Alford wants to get child custody of her grandson, Taylor James McIllwain. There is a hearing set for June in Gibson County Juvenile Court.

The child's father, Billy Earl McIllwain Jr., has been charged with first-degree

murder in connection with the June 3 shooting death of the child's mother, Jody Alford. His trial is scheduled for May 13 in Gibson County Circuit Court.

The shooting occurred at the Dyer home of Tommy and Lisa Alford.

The DCS took Taylor into protective custody on or about June 4, the day after Jody's death, Camp said in the letter to Finney. Tommy and Lisa Alford filled out paperwork to be the child's foster parents on or about June 4 or 5, Cheryl Alford said.

She didn't immediately contact DCS because "I was in shock" over the shooting, she said. "I wasn't thinking, 'I'm going to run to DCS ...'"

The DCS's policy on pre-placement of a child in Taylor's situation states "... It is the responsibility of departmental staff to engage the family in identifying relatives who may be willing to serve as a placement resource. Staff shall make reasonable attempts to contact the relatives and assess their appropriateness to serve as a resource."

Cheryl Alford pointed out another procedure she believes was violated, which states: "In the home study process, the quality of past and current significant relationships will be assessed."

On or about June 6, DCS requested the child be placed with Tommy and Lisa Alford, according to Camp's letter to Finney. A probable cause hearing was held on or about June 12.

Cheryl Alford later filed a petition in Madison County Chancery Court to adopt Taylor. Camp said the DCS intervened in the adoption and moved to dismiss her petition.

"While at the hearing, the Department took the lead in challenging the right of Cheryl to adopt Taylor," Camp wrote. "One of the Department's arguments was that Cheryl did not have physical custody of Taylor and therefore under TCA 36-1-115 was not permitted to adopt.

"The irony is that the Department is the agency that unilaterally made the decision to place Taylor, failed to give Cheryl notice of the hearing, and when Cheryl was not present, recommended that placement be made with Tommy and Lisa Alford," Camp wrote. "Needless to say, the court sided with the Department and dismissed Cheryl's petition to adopt her grandson."

Cheryl Alford gets one weekend of visitation a month with her grandson.

The first meeting she was ever invited to concerning Taylor's custody was in July, she said.

"No explanation has ever been provided as to why the Department chose Tommy Alford over Cheryl Alford for placement," Camp wrote. "Cheryl has remained concerned that the decision was not based on neutral criteria, but instead on the fact that individuals in the Department knew Lisa Alford, the step-grandmother of Taylor."

Lisa Alford said that had nothing to do with Taylor's placement. But the fact that Jody and Taylor were living with her and her husband did play a part in the decision, she said.

Camp said in his letter that Jody had been living at her father's home for about two weeks before her death. Cheryl Alford said Jody had lived primarily with her in Jackson and was staying with her father so her sister-in-law could baby-sit Taylor.

Jody had taken only a few outfits to her dad's house and planned to return to live in Jackson, where she worked, Cheryl Alford said.

Tommy Alford said as far as he knew, Jody planned to stay with him and Lisa because they were planning to get a bigger house.

As far as the DCS is concerned, Lisa said, "We did everything we were told that we had to do."


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