Tuesday, January 23, 2007
Strangers Get Child Who Has Family
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Family questions DHS decision to allow adoption of murdered woman's daughter
By DEB NICKLAY, Courier Lee News Service
CHARLES CITY --- The image shows a dark-eyed girl, grinning, her arms wrapped around the neck of little girl's grandfather.
Lori Kuykendall is afraid photographs, like that one, are the only reminders her family will have of her grandniece, Destiney Martinez Fisher.
The Iowa Department of Human Services and Floyd County courts allowed the 7-year-old to be adopted outside her biological family even though blood relatives wanted the girl.
"The state's motto is that 'Iowa works to keep children in the family home.' Not in our case," said Kuykendall, 43.
Kuykendall and her husband, Mike, the parents of two grown children, believe the state should have placed Destiney with them. The girl is the daughter of the late Rachel Fisher, who was murdered. Lori is the sister of Destiney's maternal grandfather, Dale Fisher.
Court records show denial of Lori Kuykendall's petition to adopt Destiney was based primarily on her husband Mike Kuykendall's three drunken driving convictions. Lori Kuykendall said the last conviction was more than 10 years ago.
"Anyone that knows me knows I was the best candidate to raise and love this child," Lori Kuykendall said.
DHS rarely comments on specific cases, but in an unusual departure spokesman Roger Munns said the Kuykendall family had ample time to make its case for adoption. The state ultimately concluded living with another family is best for Destiney.
"The short explanation is, independent observers and decision-makers all agree that a nurturing, stable family has been found and that the alternatives proposed by the family would not have been in the child's best interest," Munns said.
Court records are available regarding Lori Kuykendall's application for a judicial review of the case. The information shows those charged with determining Destiney's fate --- Marilyn Dettmer, then county attorney in Floyd County; social workers; Destiney's court-appointed special advocate and her foster parents --- could not ignore Mike Kuykendall's past alcohol-related driving arrests.
Lori Kuykendall's application was denied in June 2006 following Destiney's adoption. The decision marked the family's second loss.
Destiney's mother, Rachel Fisher, 22, died in October 2003. She lived near New Hampton but was shot to death by her boyfriend, Rick DeVries. He later pleaded guilty to second-degree murder and was sentenced to 50 years in prison.
Rachel Fisher led a troubled life, according to her family, and she was facing felony burglary charges before her death.
Authorities removed Destiney from Fisher's home before the murder, according to court records. The information indicates the child was being exposed to substance abuse. A judge terminated the parental rights of Destiney's father, Gonzolo Martinez, in 2005.
The court placed Destiney with her maternal grandmother. The girl entered the foster care system a few months before Rachel Fisher was murdered.
Lori Kuykendall hired three successive lawyers in an attempt to stay in contact with Destiney. Her efforts were hobbled, she says, by an insensitive court system and social workers. One, she claims, refused to bring Destiney to Rachel Fisher's funeral.
Officials maintain their interest is only in providing what is best for Destiney.
Iowa Department of Corrections records show three OWI convictions for Mike Kuykendall. The last was in 1995. Mike Kuykendall entered counseling at Prairie Ridge Addiction Treatment Services in 1998, according to court records.
Mike Kuykendall was also charged with domestic abuse in 1993, though reports said he only damaged items in a house where no one else was present.
Lori Kuykendall says all of that information is old news.
" ... People make mistakes and learn from them," she said.
"He enjoys having a few drinks at night. Nothing wrong with that after a hard day's work."
She added the couple raised two daughters who attended college and got full-time jobs.
Lori Kuykendall alleges DHS officials were "against us from the get-go."
"They never worked to keep Destiney in our family home," she said.
Lori Kuykendall said the state pushed adoption and dissuaded the family from having contact with Destiney. She said she was allowed only four supervised visits with the girl following Rachel Fisher's murder.
On an appeal from a family therapist working for Lutheran Services in Iowa, Dettmer, the former county attorney, said the visits should be discontinued. Lutheran Services is licensed to conduct home studies of people planning to adopt children and is a subcontractor for the state.
In a letter in 2004 to Judge Gerald Magee in Floyd County, a social worker repeatedly characterized Destiney, then 5, as refusing to interact with Lori Kuykendall.
Lori Kuykendall kept extensive documentation and her version of events is different.
"You have to remember her mom was murdered in October 2003 and it was almost a year after that before I got visitations for short periods of time outside of her foster home," she said.
Munns said the state is required to check backgrounds, do home studies and conduct interviews.
"The applications for adoption were denied for a variety of reasons, such as unstable living situations," Munns said. "One denial was appealed twice (by the Kuykendalls), with an administrative law judge upholding the decisions both times."
Lori Kuykendall still questions the outcome and its effect on Destiney.
"I wonder what goes through her little head since we were never able to tell her that we were fighting for her. She just has to feel like she was not wanted by her family."
And she blames authorities.
"To me, they wanted me out of the picture of seeing Destiney."
Contact Deb Nicklay at (641) 421-0531 or deb.nicklay@globegazette.com.
Family questions DHS decision to allow adoption of murdered woman's daughter
By DEB NICKLAY, Courier Lee News Service
CHARLES CITY --- The image shows a dark-eyed girl, grinning, her arms wrapped around the neck of little girl's grandfather.
Lori Kuykendall is afraid photographs, like that one, are the only reminders her family will have of her grandniece, Destiney Martinez Fisher.
The Iowa Department of Human Services and Floyd County courts allowed the 7-year-old to be adopted outside her biological family even though blood relatives wanted the girl.
"The state's motto is that 'Iowa works to keep children in the family home.' Not in our case," said Kuykendall, 43.
Kuykendall and her husband, Mike, the parents of two grown children, believe the state should have placed Destiney with them. The girl is the daughter of the late Rachel Fisher, who was murdered. Lori is the sister of Destiney's maternal grandfather, Dale Fisher.
Court records show denial of Lori Kuykendall's petition to adopt Destiney was based primarily on her husband Mike Kuykendall's three drunken driving convictions. Lori Kuykendall said the last conviction was more than 10 years ago.
"Anyone that knows me knows I was the best candidate to raise and love this child," Lori Kuykendall said.
DHS rarely comments on specific cases, but in an unusual departure spokesman Roger Munns said the Kuykendall family had ample time to make its case for adoption. The state ultimately concluded living with another family is best for Destiney.
"The short explanation is, independent observers and decision-makers all agree that a nurturing, stable family has been found and that the alternatives proposed by the family would not have been in the child's best interest," Munns said.
Court records are available regarding Lori Kuykendall's application for a judicial review of the case. The information shows those charged with determining Destiney's fate --- Marilyn Dettmer, then county attorney in Floyd County; social workers; Destiney's court-appointed special advocate and her foster parents --- could not ignore Mike Kuykendall's past alcohol-related driving arrests.
Lori Kuykendall's application was denied in June 2006 following Destiney's adoption. The decision marked the family's second loss.
Destiney's mother, Rachel Fisher, 22, died in October 2003. She lived near New Hampton but was shot to death by her boyfriend, Rick DeVries. He later pleaded guilty to second-degree murder and was sentenced to 50 years in prison.
Rachel Fisher led a troubled life, according to her family, and she was facing felony burglary charges before her death.
Authorities removed Destiney from Fisher's home before the murder, according to court records. The information indicates the child was being exposed to substance abuse. A judge terminated the parental rights of Destiney's father, Gonzolo Martinez, in 2005.
The court placed Destiney with her maternal grandmother. The girl entered the foster care system a few months before Rachel Fisher was murdered.
Lori Kuykendall hired three successive lawyers in an attempt to stay in contact with Destiney. Her efforts were hobbled, she says, by an insensitive court system and social workers. One, she claims, refused to bring Destiney to Rachel Fisher's funeral.
Officials maintain their interest is only in providing what is best for Destiney.
Iowa Department of Corrections records show three OWI convictions for Mike Kuykendall. The last was in 1995. Mike Kuykendall entered counseling at Prairie Ridge Addiction Treatment Services in 1998, according to court records.
Mike Kuykendall was also charged with domestic abuse in 1993, though reports said he only damaged items in a house where no one else was present.
Lori Kuykendall says all of that information is old news.
" ... People make mistakes and learn from them," she said.
"He enjoys having a few drinks at night. Nothing wrong with that after a hard day's work."
She added the couple raised two daughters who attended college and got full-time jobs.
Lori Kuykendall alleges DHS officials were "against us from the get-go."
"They never worked to keep Destiney in our family home," she said.
Lori Kuykendall said the state pushed adoption and dissuaded the family from having contact with Destiney. She said she was allowed only four supervised visits with the girl following Rachel Fisher's murder.
On an appeal from a family therapist working for Lutheran Services in Iowa, Dettmer, the former county attorney, said the visits should be discontinued. Lutheran Services is licensed to conduct home studies of people planning to adopt children and is a subcontractor for the state.
In a letter in 2004 to Judge Gerald Magee in Floyd County, a social worker repeatedly characterized Destiney, then 5, as refusing to interact with Lori Kuykendall.
Lori Kuykendall kept extensive documentation and her version of events is different.
"You have to remember her mom was murdered in October 2003 and it was almost a year after that before I got visitations for short periods of time outside of her foster home," she said.
Munns said the state is required to check backgrounds, do home studies and conduct interviews.
"The applications for adoption were denied for a variety of reasons, such as unstable living situations," Munns said. "One denial was appealed twice (by the Kuykendalls), with an administrative law judge upholding the decisions both times."
Lori Kuykendall still questions the outcome and its effect on Destiney.
"I wonder what goes through her little head since we were never able to tell her that we were fighting for her. She just has to feel like she was not wanted by her family."
And she blames authorities.
"To me, they wanted me out of the picture of seeing Destiney."
Contact Deb Nicklay at (641) 421-0531 or deb.nicklay@globegazette.com.
# posted by Senior Mom @ 7:25 PM 
