*Negligence* – All The Colors of the Rainbow

8 Nov

I know it’s been since I have done an autism post…  I have been dormant..  The twins have taken the fight out of me….  But, here I am…  Why?  Because of this amazing women right here The Hopeful Elephant 
I have a very sad story but, true story to tell you… 
It’s mine. 
It’s hard. 
It’s embarrassing. 
It needs to be told. 

I sit here with a glass of wine and I don’t even know how to tell you guys.  I could go in straight for the kill and tell you guys that if you look hard enough  into my past…  you will find a DFACS case against me.  – That’s Founded.
Yeah, how about if I start with that… 

Winter 2005. 
It was a mild day not to “cold” about mid 60’s I was watching my nephew ( he was two at the time I was taking care of him because, my wonderful sister-in-law was indisposed as usual)
 He had the flu, the older two were in school. 

(Background information)
My daughter is “classic autistic”  she was known to be a flight risk…   What kid isn’t?  So, we had backward locks, at  our place

I digress… 
My nephew was spewing from both directions, to include getting puke all over me.  I had to bathe the kid.  I “thought” the back door was locked. (because I knew the front door was…  Because I am anal like that) We have dogs, so, that is the one that is most likely to be open…
 It wasn’t
Not only was the back door not locked the back gate wasn’t locked. 


Victoria got out. 

Not only did she get out, but, she undressed herself outside, she hated clothes…

(As, I sit here and write this, I think of everything I could have done differently… I could have taken Victoria into the bathroom with me… But, there was puke and poop all over the place, I could have locked her into  my parents room, but, I was afraid she would tear up their room and, I was afraid to piss them off…  I could have locked her in their room…  but, their was puke and poop in there too…  )
I had to clean myself up,  I had to clean the boy up and the bathroom…  (By the time I noticed my daughter gone the cops had been called.) 

I was frantically looking for my daughter…  I saw the cop car with my daughter being put in the back of the car… 
Can you imagine how I felt?
Not an ounce of “YAY” my daughter was found.  They told DFACS was being called…  “Negligence” is what they called it… 
Never mind the fact that I had a kid with the flu, the FLIPPIN REASONS WHY I HAD THE FLIPPIN TO BEGIN with!!!!  OR my health problems that I was going through ( Oh, yeah that’s a whole other story…)
Negligence (Lat. negligentia, from neglegere, to neglect, literally “not to pick up something”) is a legal concept in the common law legal systems mostly applied in tort cases to achieve monetary compensation (damages) for physical and mental injuries (not accidents).

Negligence is a type of tort or delict (also known as a civil wrong). “Negligence” is not the same as “carelessness”, because someone might be exercising as much care as they are capable of, yet still fall below the level of competence expected of them. It is the opposite of “diligence”. It can be generally defined as conduct that is culpable because it falls short of what a reasonable person would do to protect another individual from foreseeable risks of harm. In the words of Lord Blackburn,

“those who go personally or bring property where they know that they or it may come into collision with the persons or property of others have by law a duty cast upon them to use reasonable care and skill to avoid such a collision.”[citation needed]

Through civil litigation, if an injured person proves that another person acted negligently to cause his injury, he can recover damages to compensate for his harm. Proving a case for negligence can potentially entitle the injured plaintiff to compensation for harm to their body, property, mental well-being, financial status, or intimate relationships. However, because negligence cases are very fact-specific, this general definition does not fully explain the concept of when the law will require one person to compensate another for losses caused by accidental injury. Further, the law of negligence at common law is only one aspect of the law of liability. Although resulting damages must be proven in order to recover compensation in a negligence action, the nature and extent of those damages are not the primary focus of negligence cases.” – Wikipedia

DAFACS came in and searched through my home, violated my room, searched my drawers, looked through everything…  Thought I might be a drug user, looked through my parents room, looked through our refrigerator  I stood there frozen.  They asked me a dozen question.  And then it took about three weeks for the to make a desion for it to be an unfounded claim or a founded claim…  So, I had to  wait to see if my kids where going to be children of the state. 
I couldn’t imagine my  two autistic children, my two babies that I had worked so hard for, my two children that I had carried for 30 weeks, one for 36 weeks, in foster homes… 
I was a zombie.  I couldn’t do anything but, pray.  I woke up at night to make sure Victoria was in bed.  I only went out at night because OF COURSE the neighborhood knew!  CREEPS!!

So, DFACS came back and told me the claim was founded. But, by the grace of God my children could stay with me.  HOWEVER…  I now have a record like a criminal, like I did something wrong!!!!  So, the solution they gave me?  Get a crib and lock my daughter in the crib and lock her in the room…  I kid you NOT!!  I died! 
Trust me it has never happened again…  UNTIL….

A few weeks ago at Six Flags. 
With Honey.  That fast.  Accept.  My VERY smart daughter found a security guard. 
And we found her or she found us! 
In a split second…  And Honey is worse than I am, he watches over her like a damn hawk!!  And still!! 
It can happen to anybody! 
Guys…   We need to help! 
People like myself and The Hopeful Elephant need your help!!!


2 Responses to “*Negligence* – All The Colors of the Rainbow”

  1. Heather November 9, 2010 at 8:18 am #

    We are going to make a difference. I mean, first you’re not a good Christian and now this? (I’m kidding…I love you! I cannot imagine how awful that must have been…I don’t want to, and it scares me daily.)

    Also, I would have allowed my sick nephew to lick the cops. They deserve to worship the toilet for a few days for such behavior. 😉

    • My Inner Muse November 9, 2010 at 4:32 pm #

      Yep! I suck at worshiping Jesus and I am a criminal! I told you NEVER a dull moment! HA HA!! You should hear the rest of my life!! ;-D

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