“All I want for Christmas is my Daughter back"

By David Jaques

Roseburg, OR- The plight of a young single mother, and her efforts to recover her daughter from the clutches of the state, began nearly four years ago to the day, when uniformed police, not Child Protective Services, first removed then seven-week-old Nakota Ruth Eckel from her mother’s arms.

After four years of a virtual tug-of-war between AJ (Eckel) Pichette, who gave birth to Nakota, and her state appointed foster parents, Kim and Mike Root, both Douglas County Sheriff’s Deputies, it looks as though a happy ending for Nakota and her mother may be in sight.

On November 15, 2011, AJ and her court appointed attorney, Kareen LaValley, again faced a formidable array of state workers from the Department of Human Services including Ryan Loosli the Roseburg office manager, as well as Attorneys for Mike and Kim Root, Douglas County Deputy District Attorney Robin Vogel-Smith, and four-year-old Nakota’s state appointed Attorney, Jim Arneson.

The “Shelter Hearing” was to determine whether there was just cause to keep Nakota from her natural mother, following a recent decision from the Oregon Court of Appeals on October 19 in which the court terminated the state’s jurisdiction over the minor child.

In response to a public records request submitted by the Beacon, the Oregon Justice Department released figures on the amount of hours the state has logged over the past four years on the Nakota Eckel case, which included two trips to the Court of Appeals.

The document contained a list of 26 state employees including several attorneys, and indicated the department had spent $69, 277.80. This figure does not include the cost for state appointed attorneys for Nakota, her Mother, or expenditures paid by Douglas County.

Problematic throughout the case was the state’s utter failure to prove, or even allege, any safety risk to the child, nor to substantiate any cause to keep her from her mother.

As the Beacon first reported in the June 23, 2010 edition, AJ Pichette (formerly Eckel), has never been charged with abuse or neglect, or the violation of any law. She has never been arrested or charged with any crime.

The problems for AJ and her then seven week old daughter began back on November 16, 2007.

From the Beacon story first reported June 23, 2010:

The scene in AJ’s (Geraldine’s nickname) home that evening was nothing short of confusing. The single, 18 year old mother, who was still living at home with her own mother, Kathy Perry, was caring for her daughter when a disruption in the household occurred, involving Geraldine’s brother Jared, who allegedly was under the influence of a controlled substance and had brandished a firearm.

Neighbors who had been in AJ’s home at the time called 911, upon which medical and law enforcement personnel were dispatched to the scene. Eckel’s brother, Jared, was arrested and taken into custody. As the officers conducted their investigation at the scene, according to Eckel, “The officers came in the house and told me they needed to take my baby.”

When a friend of Eckel’s mother stepped in front of the officers stating that they couldn’t take the child, he was arrested as well. Eckel said the officers then asked if anyone else had any questions; their tone implied if they spoke out, they’d be arrested too.

Eckel recalled that on that night “I asked the officers why they were taking my baby, and they wouldn’t tell me a reason.” It’s important to note that Eckel was not charged that night with any crime, nor have any charges been brought against her in the 2 ½[ now 4 years] years since her child was taken from her. AJ said she went to bed and cried constantly throughout the night.

The earlier case was heard by Judge William Marshall who ruled that the child could not be returned to her natural mother. Marshall’s decision was later reversed by the Oregon Court of Appeals, which in their October 19, 2011 decision, terminated the state’s jurisdiction over four year old Nakota.

AJ and her lawyer, Kareen LaValley, both assumed the Oregon Court of Appeals decision would result in the immediate return of Nakota to her mother, husband Robert and two year old brother Liam. But no sooner had the court issued their decision than the state filed another petition to remove custody from AJ.

More motions were filed resulting in Judge Randy Garrison hearing two matters. First was a motion on behalf of Kim and Mike Root, state designated foster parents, who asked to be let in as interveners in the matter. They argued that the state didn’t adequately represent their interests or the interest of Nakota Eckel. The second issue was to determine if anything prevented the return of Nakota to her Mother while the state filed yet another petition to try and remove her.

After several days in the courtroom, during which testimony was taken from the foster parents and AJ, the decision was entered by Judge Garrison that Nakota should be “transitioned” back into the care of her Mother.

Garrison told a tearful Kim Root that they should have known this would be a possibility when they first agreed to serve as foster parents. Root had testified that she and her husband wanted the court to grant them permanent custody of AJ’s daughter, Nakota, and at one point Root said, under oath, that any outcome, including giving Nakota to another family, would be preferable to returning her to her mother.

The case drew a great deal of attention including that of state Representative Tim Freeman, who attended some of the court proceedings. Freeman worked with DHS to help affect a fair outcome for AJ Pichette.

In the meantime, although a week has lapsed since Judge Garrison made his ruling, Nakota has still not been returned to her mother. The Court order signed by Garrison reads “custody remains with DHS; transfer to mother’s home shall be made through a plan developed by the parties, gradually over a period of time.”

LaValley said that the “return to mother plan”, was discussed in court at the time of Garrison’s ruling and was to include transitioning Nakota back to her mother with The Family Development Center as a facilitator to make the transition less stressful to the child.

The Family Development Center component of the return plan has been scrapped unilaterally by DHS according to LaValley, who has prepared to file a “Motion and Order to compel DHS to comply with Court Order”.

Meanwhile a mother, who perhaps can finally see the light at the end of a four year tunnel, awaits the opportunity to spend her first Christmas with her four year old daughter. AJ told the Beacon she has missed a lot these four years; Nakota’s first steps, her first tooth, and all but one of her birthday’s, every Christmas, Thanksgiving, Valentine’s Day, and other significant touchstones in a child’s life.

Looking forward though, she plans to make the most of every moment in the future with her daughter finally back home with her husband and their two year old son, Liam.

Another hearing is set for January 15, 2012 which will determine whether the state’s latest petition to try once again to take Nakota from her mother will prevail. Both Mom and her attorney are hopeful this can be put behind them and close this chapter of their lives once and for all.

Reprinted with permission from the Roseburg Beacon News, Vol.4- Issue 47 November 23, 2011