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Emergency Petition to Remove Girl (6) From Sexually Abusive Father, Maine April 16 2013

Emergency Petition to Remove Girl (6) From Sexually Abusive Father, Maine April 16 2013

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Published by Expect Us
Filed by Retired State Trooper Stephen Pickering of Maine.
Filed by Retired State Trooper Stephen Pickering of Maine.

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Categories:Types, Business/Law
Published by: Expect Us on Apr 16, 2013
Copyright:Attribution Non-commercial

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12/16/2013

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STATE OF MAINE DISTRICT COURTCUMBERLAND, ss DistrictLocation of Civil Docket No.IN RE:MILA A. MALENKOPETITION FOR CHILD PROTECTION ORDER Petitioner, Stephen J. Pickering,_Robert Gilman and Newbold Noyes, being duly sworn,under oath, state upon information and belief, that:1. CHILDREN:
 Name Date of Birth City of Birth State of Birth Present AddressMila A. Malenko 11-29-2006 Portland Maine 541 Preble St.South Portland, ME
is/are the children of:2. MOTHER Lori M. Handrahan, whose residence is 52 Waukeag Street, Sorrento, County of Hancock, State of Maine-04677FATHER Igor Malenko, whose residence is 541 Preble Street, South Portland, County of Cumberland, State of Maine-041063. INTERESTED PARTY: ___________________________ is/are interested party(ies) regarding the above-named child(ren)
 
4. The legal residence of child(ren) is/are:MILA A. MALENKO 541 Preble Street, South Portland, ME 04106The child(ren) is/are now living in:MILA A. MALENKO 541 Preble Street, South Portland, ME 041065. The child(ren) is/are in circumstances of jeopardy to health or welfare and is/arein need of protection.X It is contrary to the child(ren)’s welfare to remain in the house.6. Following is a summary of the facts which the Petitioner believes constitutescircumstances of jeopardy to the child(ren)’s health or welfare, and which show that it iscontrary to the child’s welfare to remain in the home of Igor Malenko:Mila Malenko is in circumstances of jeopardy due to repeated incidents of sexual and physical abuse by her father, Igor Malenko. These incidents of abuse dating back to Juneof 2009 have been disclosed by Mila Malenko to her mother Lori Handrahan, RN PollyCampbell, FNP Angie Delvecchio, Stephen Pickering and Joyce Wientzen of Spurwink (See Exhibit 1).Each person has notified the Department of Health and Human Services. Eachnotification has been deemed as unsubstantiated by the Department of Health and HumanServices.Petitioner Stephen Pickering has been intimately involved with this case since Februaryof 2011. Petitioner's Newbold "Terry" Noyes and Robert Gilman have been involvedsince the beginning and have attended most of if not all court hearings associated withthis case.On March 25, 2011 Mila Malenko disclosed to her mother that her father Igor Malenkostruck her in the head with a metal pan.On March 26, 2011 your Petitioner witnessed the bruise and the bump on the child's headand has listened to the recording of the disclosure.On March 27, 2011 Mila was taken by her mother to the Maine Coast Memorial Hospitalin Ellsworth. The bruise was examined and noted in a report. (See Exhibit 8) Mila didnot disclose abuse or any other reason for the bruise. A report was made to DHHS byHandrahan. Mila was returned to her father, the alleged abuser, per the court orderedvisitation and in anticipation that DHHS would act swiftly and decisively to protect Mila.
 
The Department of Health and Human Services office in Portland was notified andcaseworker Alicia Cummings was assigned. Mila did not disclose to Cummings.On April 4, 2011 your Petitioner spoke with attorney William Harwood of Verrill Dana.He confirmed that he was former counsel to Handrahan and no longer is as attorneyWaxman sued him and his firm. Attorney Harwood confirmed that James Beougher of DHHS admitted to him that DHHS did not have information beyond the Spurwink reportfor the basis of their decision and apologized for given erroneous information. AttorneyHarwood related this information to Handrahan in a December 17, 2009 e-mail. (SeeExhibit 9)On April 6, 2011 your Petitioner had a conversation with Cummings. She repeatedlyquestioned whether or not your Petitioner was confusing Mila's birthmark for a bruise.At this point Cummings had not seen the ER report or photos and was clearly basing her questions to your Petitioner on statements made by Mila's father and alleged abuser.Your Petitioner also learned from Cummings that the father was notified at least twentyfour hours prior to the interview of Mila. Cummings told your Petitioner that she spent atotal of twenty to thirty minutes with Mila. This period of time included Cummings being introduced to Mila, an explanation of why Cummings was there, rapport building(if any) and questioning about alleged abuse. Your Petitioner was told by Cummings thatthis period of time was sufficient to get a disclosure from a child.On April 13, 2011 your Petitioner spoke to the DHHS Child Protective Director, DanDespard. The lengthy conversation included him stating that DHHS has no authority tocircumvent or ignore court rulings. We also discussed the methamphetamine that wasfound in Mila's urine in 2010.On April 22, 2011 your Petitioner was with Mila and her mother while traveling fromSouth Portland. Your Petitioner observed that Mila was excited to see her mother andengaged in what your Petitioner would describe as mutual conversation and "catching up"due to a lengthy separation. There was no questioning about abuse or leading questionswith the intent of eliciting information about abuse. At approximately forty five minutesinto the conversation while mother and daughter were playing the "I love your morethan" game, Mila spontaneously stated that the bruise on her head that was discussed amonth ago was actually a birthmark. Mila went on to explain that her father had provided her with this information. The entire exchange was recorded without Mila'sknowledge.On April 23, 2011 Mila Malenko disclosed to your Petitioner that her father had struck her in the head with a metal pan. This was after DHHS case worker Chris Call hadfailed to get a disclosure. Mila Malenko repeated the information to Call who refused toconsider it.May 10, 2011 was the last day that Mila's mother had contact with Mila. This is theresult of the father, the alleged abuser of Mila, engaging in parental alienation with thefull support of his attorney in violation of the court ordered visitation.

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