On Monday A Kansas judge decided that the Schwab children shall be placed back into their parent’s custody before Christmas
For over three years the Schwab family has been torn apart by the Kansas DCF
As long as the Schwabs can get basic necessities arranged the children will be home before Christmas
As of now, if everything is in place the Schwab children will be returned home after a conference call on December 19
On Monday, a battle that has been going on for over three years has finally come to a closure after a Kansas judge gave the order to return the Schwab children to their parents by Christmas of this year.
Monday evening, Raymond Schwab posted a live video to his Facebook page following court. In the video, Raymond explains that his lawyers filed for immediate reunification. Despite objection from the Guardian ad litem, the decision was made. The Schwab children are coming home.
Over the next weeks, Raymond and his wife Amelia are allowed as full visitations. The Schwab’s will also be allowed to pick up their children and have a Thanksgiving dinner with the entire family for the first time since the Kansas DCF wrongfully removed their children.
The Schwabs now have to use the next few weeks to get schools and other necessities set up for their children. As long as the judges guidelines are met, the children will be transported to Colorado after a conference call on December 19 and their case with the Kansas DCF will be closed.
While today is a victory for the Schwabs, there are concerns KVC and DFC may try to interrupt the process of immediate reunification. However, this is the judge’s final decision. It would appear the Kansas DCF is going to have to accept that the Schwab children are going home.
Unlike many others in the CPS system around the country, the Schwabs were very public about DCF wrongdoings. The couple made national news multiple times over the years. Raymond and Amelia even lived on the Kansas State Capitol building for a period of one month in protest against the wrongful removal of their children. During that time, Raymond went on a hunger strike that lasted just under three weeks.
The Schwabs moved to Colorado to legally use medical cannabis for Raymond’s PTSD. It was during the move that one of Amelia’s family members made a report to DCF that the Schwabs were abandoning their children. The family member made the report thinking that they would get the children and the Schwabs would not be able to move to Colorado.
Medical cannabis has always been the heart of the issue of the Schwab children removal. In the court records, that can be read in full below, it clearly states by Ms Fields, “These children were taken because of marijuana use.”
A Botched UA
A drug test filed in May of 2015 claimed to show that Raymond tested positive for amphetamine, methamphetamine, and morphine. However, there were several problems with that test. The original test was destroyed before it could be sent to a lab, which breaks standard protocol of drug testing across the country. Since the sample was destroyed, there is no lab verification of the test results. In fact, there is not even a date or time of when the sample was taken.
Legal Dream Team
After years of fighting on their own, the Schwabs had a glimpse of hope in June when local activist Jennifer Winn helped assemble a team of attorneys consisting of Michael Minardi of Tampa, Florida, Connie Reguli of Tennessee, Casey Yingling of Wichita, Kansas, Alison Margolin of Los Angeles, California and the law firm of McGrath, Pappas & Pinchiff of Orange County, California said they would come together to take the Schwab case.
Court Appointed Special Advocate®
In May, an audio recording was released between Raymond and a former Court Appointed Special Advocate® (CASA) for their case. When children enter state care, sometimes judges will issue a CASA worker to give recommendations on what should happen with the child.
CASA volunteers are screened and highly trained before being appointed by a judge to represent and advocate for a child’s best interests in the child protection system. These CASA workers are given one child, or set of siblings, at a time so that they can focus on what is best for that case.
In the recording, the CASA worker tells Raymond that she was told not to communicate with him or his wife, “Even if they try and reach out.” She goes on to say that she believed the Schwab children were being coached on what to say. When Raymond asked the worker, “You do realize they are lying?” she responded, “I do now!”