Notice to Psychological Evaluator or therapist: Kerry Smith aka Cottage industry of Illinois Appearance State actors of the W&D firm.
March 11, 2014 § Leave a comment
Notice to Psychological Evaluator or therapist: Kerry Smith
From: Jxxxxxx Gxxxxx
P.O. Box xxxx
Xxxxxxxx, IL 600xx
Date: November 25, 2012
I, Jxxxxxx Gxxxxx, have been ordered to submit again to a psychological evaluation with you. The last time I met with you, you wrote a report that did not accurately reflect what I said, you said, and/or the facts in this case. Since I have not chosen you to provide this evaluation or therapy and in fact I challenged your reappointment to this case, I consider this evaluation and/or therapy to be with a service provider who I do not trust.
Since the entire outcome of my life and the very existence of my family may rest heavily on the outcome of this evaluation, in order to clarify relevant issues to this evaluation, I request you to respond to the following questions, acknowledge my reasonable requirements and sign this form for my records. If you wish to have a copy of this form, I have no objection to that.
I am requesting of you immediately, a copy of all records and notes you made in our previous sessions including all my previous contact and interviews with you regarding this matter including ALL TEST RESULTS within the next 48 hours. I am also requesting the identical information for my son Jxxxxxx Gxxxxx as well. I will forward you a signed authorization and request letter from him.
I state for the record that any further meetings will be recorded and a witness will be present for each and every one.
I state for the record that I am employing legal and administrative remedies to address violations of law against me in this case to date. I am protected from retaliation by federal law for employing these remedies. Retaliation includes any negative report referring to the methods I have employed to protect my rights and the rights of my children which would have an effect on any court decisions.
Therefore, any reference to ‘paranoia’ or any other negative psychological diagnosis, observation, etc. that is attributable to the methods I employ in my efforts to document violations against me and my children and/or any other false statements made by the reporter will make the reporter liable for civil and criminal remedies. I state for the record that this case has been and is being examined by a panel of experts who have come to the conclusion that the state may have no intention of returning my children to me, and that this evaluation is part of the state’s efforts to satisfy legal appearances without fulfilling the substance of the legal requirements pertaining to child protection.
I want you to understand that I desire nothing more than an accurate and fair evaluation which is appropriate to my situation based on accurate history which has been obtained only from sources who have first-hand knowledge, which does not include any Child Representative, CPS or HHS or court information that you may have received.
I state for the record my sincere intent to cooperate with this evaluation, but not at the expense of my rights. I state for the record that I view this evaluation as a means to subvert my FIFTH AMENDMENT RIGHTS against self incrimination and violate my HIPAA rights and to obtain questionable evidence which will be used to deprive me of the care, custody, and control of my children.
I state for the record that I am being ordered by the court to sign releases of information against my will.
Therefore, I require you to limit any information that you disclose to Cook County, the children’s representative, or the court to the following brief statements:
- Whether or not I can provide a safe and appropriate home to my children now or sometime in the future. _______initial
- Your recommendations for further treatment which will assist me in providing a safe and appropriate home to my children. ______initial
You are expressly forbidden to reveal any more extensive information than that.
I will hold you accountable for the release of any unauthorized information.
CONDITIONS AND CLARIFICATION:
1. What percentage of your income do you receive from CPS or court referrals? ____________initial
2. What is the annual amount of the above referral income? _________initial
3. Will my lack of trust in you as an impartial evaluator therapist in any way affect the outcome or the accuracy of this evaluation and or therapy?
4. Is it ethical for you to conduct this evaluation and or therapy without first having the trust of the client(me?). ________initial
5. I understand you have received family history information from the child’s rep, Mary Doheny, others including TVG Gxxxxx. In your previous report, you reported highly inaccurate information attributed to TVG, my children and I, that I was only made aware of in your final report, but was not given the opportunity to offer proper rebuttal prior to your final report being issued. You gave TVG the opportunity to deny my statements but never afforded me the same opportunity. You also neglected to report crucial information detrimental to the minor children such as TVG’s dating and ongoing affair with the married used car salesman who sold her a car, TVG’s plans to leave on a Mexican vacation with the married man as soon as your final and inaccurate report came out, our oldest son, Jxxx’s allegations of verbal, mental and emotional abuse as well as drug and alcohol use by his mother, TVG, our daughter, Xxxxxxx’s troubles with TVG Parental Alienation Tactics against me, as well as my allegations of TVG’s excessive drug and alcohol abuse and emotional abusiveness directed at myself and our children. I state for the record that the information provided by Doheny, TVG and possibly others that I am not aware of is highly inaccurate and misleading. Will your reliance on an inaccurate and misleading history and hearsay evidence taint the outcome or the accuracy of the evaluation and or therapy? ________initial
6. I will provide you with my family history and collaterals you may speak to and expect you to give it the appropriate weight in your evaluation. __________initial
7. I will be audio recording this evaluation for my own protection. This recording is done on the advice of my family advocate and is not negotiable. I understand the confidentiality laws and I am fully within my rights to maintain an accurate record of this evaluation. If you do not feel you can conduct the evaluation under this condition, you are required to notify me of the reason for your objection at this time and provide me with a letter stating that you will not conduct the evaluation. ______initial
8. For the record – in the past ________months I have had _____________ psychological evaluations and I have taken the MMPI ________times. It is my understanding that at this point, any further psychological evaluations may be tainted by the excessive number of previous evaluations. Your desire to proceed with this evaluation will indicate that you do not feel the prior evaluations will have any impact on this evaluation. _________initial
9. I require you to provide me with a copy of all raw data within 48 hours. If you refuse to provide me with this as I request, please provide me with a written reason why you will not provide this information. Under Illinois laws and federal statutes, as the patient, I am the owner of these records and you are merely the custodian. It is under this provision that I demand a complete copy of all completed tests, notes, images or anything else used by you during the process of this evaluation within 48 hours. If you refuse to provide me with this information and continue to administer the tests, I will file a grievance with the appropriate oversight board. _______initial
10. I require you to provide me with a copy of your final and or/ periodic report(s). Again, under the law, I own the records, including any report you file. If you provide a copy to DHS, the Child’s rep, the court, or HHS and fail to provide me with a copy as I require, I will file a grievance. Whoever pays for the testing is irrelevant; I am the patient, they are my records, not anyone else’s ________initial
11. For the record, I want you to have these facts:
a. TVG left the children in the middle of the night to go to Mexico with her married boyfriend, Mike Santi(@December 1, 2009). The children had no idea she was dating prior to her leaving. She had told them she wasn’t planning to date until they were in college. She told them she was going to Mexico with “a friend.” Then she allowed Santi to sleep in the same home as the minor children within 2 weeks of meeting him(December 9, 2009) and within 6 weeks of your previous reports release(October 14, 2009) including Christmas eve, Xxxxxxx’s birthday and then New Years eve 2009 and carried on as a married couple, matching rings. Within a couple months of meeting the children, she was telling the children she was engaged while both were still married to others and would be until September of 2011;
b. TVG allowed Xxxxxxx, the 7 year old, to be taken from his home late on a Saturday (10:30pm) in April, 2010 and forced to sleep in the same bed in the basement bedroom of a non-occupied house with her boyfriend, Santi;
c. TVG threw her body several times into Jxxx’s bedroom door and broke down the door so Santi could physically attack and verbally threaten Jxxxxxx in front of all the minor children causing such fear in the minor children and forcing them to call 911 on TVG and her boyfriend.(May 17, 2010);
d. Santi was subjected to a NO STALKING, NO CONTACT Order for threatening and harassing myself, Xxxxxxx, and Jxxx. TVG’s boyfriend, Santi was not allowed within 500 feet of the marital residence whenever Xxxxxxx came to pick up or drop off the minor children as per his visitation times and the children or within 500 feet of Xxxxxxx, his residence or place of employment.(July 12, 2011)
e. TVG had left Xxxxxxx a voice message telling Xxxxxxx to pick up the children at the marital home Easter Sunday, April 24, 2011. Then as Xxxxxxx and Jxxxxxx waited for the children, Santi came out of the home and attacked them as they sat in their car. Santi was arrested for disorderly conduct and taken to jail.
f. At Santi’s disorderly conduct trial, TVG answered the attorney’s questions in “a manner one would expect from a litigant trying to put her best foot forward” and to keep Santi out of jail: “she lied on the stand.” Notable and particularly relevant, TVG was not present at the residence that evening prior to Santi being arrested. As TVG screamed to the police officer that Jxxxxxx was lying to which the officer replied, “how would you know you were not here?”(February 2012)
g. There are at least a half a dozen police reports for verbal, physical and repeated threats, vandalism, and harassment filed by Jxxxxxx and Xxxxxxx against Santi on record in Buffalo Grove and Wheeling and now Lake County.
h. There have been 2 bogus police reports filed against Xxxxxxx by Santi for things such as trespassing as he came to pick up the children for his visitation(June 8, 2011) and custody dispute(August 28, 2012). As the judge stated in response to the first report, Santi has no grounds to make either of those claims against Xxxxxxx; Santi was the one guilty of harassment.
- TVG called the police and had them confront Jxxxxxx after he unplugged the garage door opener to prevent her from dropping it on his head. Her call was retaliation for “calling 911 on my boyfriend last night.”
j. TVG defended Santi and his actions in both criminal court and divorce court against Jxxxxxx and Xxxxxxx despite it being to the detriment of all their children’s best interests and emotional health.
k. There are court reports and police reports to back up Xxxxxxx’s and Jxxx’s claims and allegations.
l. There is testimony and affidavits to back up Xxxxxxx’s and Jxxx’s claims.
m. There are text messages and other evidence to back up Xxxxxxx’s and Jxxx’s claims.
n. On July 12, 2011, Judge Etchingham ordered Santi to stay away from Xxxxxxx and Jxxx. The Judge specifically told Santi if he came across Jxxxxxx on the street, Santi was to “run” in the other direction.
o. TVG told the court on several dates in March, April, June, August, December of 2010 and in 2011,including testimony under oath, and in her responses “under oath” to Xxxxxxx’s allegations that her boyfriend, Santi, had not moved into the marital residence with the minor children prior to at least December 2011. During her testimony at trial in August of 2012 TVG admitted to the Court and under oath contrary to her previous statements and testimony that Santi had moved in with her and the minor children on or about July 2010.
p. TVG refuses to allow our son, Jxxx, to see his own brother and sisters unless he comes to see them at Santi’s house and/or with Santi present, who has repeatedly physically and verbally attacked,threatened and harassed Jxxxxxx over the past 3 years and was the subject of a NO STALKING, NO CONTACT Order.
q. Of significant concern, TVG has violated almost every provision of the Agreed Parenting Agreement dated May 17, 2010 and to date refuses to comply with most Orders of the Court. She speaks ill of their father, their brother, and their father’s family to the minor children.
r. TVG has engaged in a regular regimen of Parental Alienation as well as the repeated attempts to alienate the minor children from their older brother, Jxxx. Emails and affidavits are attached and provided in these 2 emails.
s. TVG sent Xxxxxxx hundreds of harassing and racially derogatory texts regarding Xxxxxxx and his black friends. TVG also made derogatory comments about Xxxxxxx’s black friends to the minor children over the children’s objections.
t. TVG allowed her boyfriend, Santi, to harass Xxxxxxx and the children with her cell phone and the phone in the marital home.
u. TVG’s boyfriend, Santi, was allowed by TVG to tell Xxxxxxx, Jxxxxxx and the other children that he enjoyed sleeping with Xxxxxxx, the youngest, in the same bed and he plans to do it as often as he can and that Xxxxxxx and Jxxxxxx can’t stop it.
v. Santi has sent Xxxxxxx numerous harassing texts, sexually inappropriate and racially offensive texts
w. TVG has left hundreds of texts as well as voice mail messages for Xxxxxxx meant to harass and/or be inappropriate. She has told Xxxxxxx and the minor children he has no balls, he has a pussy, that she has the balls, and etc.
x. Notable, Parental Alienation (by mother TVG)as noted by the Illinois House of Representatives in House Resolution No. 724 on March 9, 2012 is a form of child abuse. TVG has not let the minor children visit in any capacity with Xxxxxxx or his family on any of her designated time even if she is alone on vacation with her boyfriend, Santi(approximately over 120 days during her designated time). TVG has not allowed the minor children to visit with their brother at college for any college activities that may fall on her designated time.
y. TVG has not let the children walk to school, visit or spend time with their cousins down the street in the past almost 6 years in any capacity for even 5 or 10 minutes at a lacrosse practice or game severely intimidating the children who can only confide it to others when they feel safe. On information and belief, the minor children have told counselors how they are afraid to tell their mother for fear she will get severely angry with them and despite having told Smith of their plight in her initial evaluation in the summer of 2009.
z. TVG without notice to the children, Xxxxxxx or even the court moved the children out of the marital home and into her boyfriend, Santi’s home in the Lake Zurich/Barrington area miles away from their friends and family.
aa. The children are often left home alone whether in their previous residence or Santi’s home. Contrary to TVG’s claims in Smith’s initial report that TV’s promote laziness and her insistence that a tv in Jxxx’s room was an instance of how Xxxxxxx undermined “her parenting”, on information and belief, Xxxxxxx has been told that each child now has been provided an individual tv and cable access in their respective bedrooms to watch tv in isolation. Jxxxxxx was 16 years old and it was a big issue, Xxxxxxx is 9, Xxxxxxx is 13 and Xxxxxxx is 16 and apparently it is no longer an issue with TVG’s parenting agenda. TVG also provided Xxxxxxx with TV access on her cell phone starting when she was 14.
bb. On information and belief, Xxxxxxx is often left unsupervised or alone with Xxxxxxx when she was as young as 10-11 years old. Xxxxxxx is forced to go to bars with Santi when he was as young as 7 years old to keep the older man company while he drank and smoked cigars.
cc. TVG regularly allows Santi to drink excessively and smoke cigars in the minor children’s presence and/or especially in their own home.
dd. TVG regularly allowed Santi to threaten and be abusive towards her oldest son often in the presence of the minor children.
ee. TVG allowed Santi to make sexually inappropriate comments to Jxxx, Xxxxxxx often in the presence of the minor children.
ff. TVG has become mentally and physically incapacitated by alcohol and/or drugs in the presence of the minor children
gg. The minor children have witnessed numerous verbally/physically abusive encounters directed at their older brother, Jxxx, by TVG and Santi.
hh. TVG has steadfastly refused to attend Jxxx’s graduation from high school, Internship programs, eagle court of honor, college orientation, move in, Parent’s weekend, sibling weekend, etc despite invitations to do so.
ii. TVG refuses to make any attempts to contact or try to repair her broken relationship with Jxxxxxx over the past 2.5+ years.
jj. TVG has contacted Jxxxxxx to tell him she is cancelling his health insurance.
kk. TVG has never apologized to Jxxxxxx for anything she has said or done to him or allowed to be done to him including Santi’s actions at her behest.
ll. TVG and/or Santi have repeatedly given Xxxxxxx the finger often in the presence of the minor children most often in front of Xxxxxxx as he drove past them.
mm. In the presence of the minor children, TVG has been vulgar, verbally abusive, derogatory, racially inflammatory, racially abusive towards Xxxxxxx and many times Jxxx.
nn. In July, 2010, while staying in a hotel with the minor children, TVG allowed Santi to put his bare lips on the minor children, Xxxxxxx and Xxxxxxx’s exposed upper legs as they laid in bed trying to go to sleep. Mary Doheny objected to the characterization of this behavior as inappropriate offering to the court, without evidence or testimony to support her contention, that they may have been playing a game or something.
oo. On March 25 and April 12, 2011 at hearings addressing the matter of TVG’s new boyfriend, Santi, sleeping in the same bed as Xxxxxxx and alone with Xxxxxxx in the basement bedroom of an unoccupied house of a friend of Santi’s, Mary Doheny told the court well the child sleeps with the father as well so lets say no child can sleep with an adult instead of addressing the seriousness and the implications of the allegations.
I have read and initialed each line item of this notification.
I understand and am willing to comply with these requirements.
I further reiterate that I will not disclose information to the court, the children’s representative, HHS, or DHS without prior written authorization of the patient and will limit my disclosure to the two brief, relevant items listed above. I further acknowledge that this notification is also confidential and its existence is not to be disclosed to DHS, HHS, Child’s representative, the court or any other service provider without the express written permission of the client.
Signed ________ _________________________________ ____________________
Kerry Smith Date