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IN THE DISTRICT COURT OF SEDGWICK COUNTY, KANSAS

In Matter of )))) Case No.: 04 DMSimpson ))vs )))- - - - - - - - - - - - - - - - - - - - - - - - - - - - )

TRANSCRIPT OF ORAL PROCEEDINGShad ...OT . . . . . .' " the Honorable Anthony Powell, Div 18 of the Eighteenth

Judicial Court of Kansas, on the 25th day of June, 2008.

APPEARANCES

the Patrick WaltersAttorney at Law

the Respondent: Julie AriagnoAttorney at Law

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MS. TREADWAY: And can I ask you a t t h i s t imeto o rd e r me to d i sc l o sed in fo rmat ion .

THE COURT: You a re hereby so ordered .DIRECT EXAMINATION

BY MR. WALTERS OF MS. TREADWAY:Q. Good a f t e rn o o n .

Could you please s t a t e your name fo r th e record?A. Melinda Treadway.Q. Okay and what i s your occupat ion?A. So c ia l Worker, In v e s t i g a t o r .Q. An d who a re you employed by?A. SRS.Q. And how long have you been so employed by the SRS?A. Nine y ea r s .Q. Okay.

What a re your pr imary dut i e s t h e re?A. Inves t iga t ing ch i ld abuse.Q. Okay.

An d a re you fami l i a r wi th th e p a r t i e s in t h i s case?A. Yes.Q. And how a re you fami l i a r wi th them?A. An i n v es t i g a t i o n t h a t I r ece iv ed 4 /19 of ' 07 .Q. 4 /19 of ' 07?A. Yes.

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Q. And what occurred on 4/19 of '077A. The r epor t tha t was received by our of f ice , we hadtwo d i f f e r e n t r epor te r s , " tha t on March 18th , E l l i o t tbroke down crying ln math c lass because he d idn ' tunderstand a problem.

Afte r he calmed down, they worked on the problem hewas able to success fu l ly complete it. This i s not thef i r s t t ime he has broken down regarding a mathassignment ." That was the f i r s t repor t e r .

The second r epor te r : "E l l i o t t sa id t ha t he wasf ee l ing s t ressed out and eluded to the f ac t t ha t h isf rus t ra ted fee l ings weren ' t only about school . Heexpressed t ha t he d i dn ' t want to see his - - excuse mehe d i dn ' t g et to see h is dad enough. Parent s aredivorced wi th shared custody. He sa id tha t h is mom,Karen, ge ts angry with him and ye l l s . She shouts cusswords and gives him the s i l en t t rea tment when she i supse t . He sa id he fee l s anxious a t h is mom's house andwishes he could go l ive with h is dad. He seems upsetand s t ressed out . He also repor ted t ha t "Mom t a lks onthe phone in a very negat ive manner about h is dad."E l l i o t t sa id , He i s not allowed to t a lk about h is dad toh is mom o r she ge ts very angry" and it says , "The Pol icewere ca l led ."

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r e p o r t s . That d o e s n ' t always happen.Q. A ll r i g h t .

And do you keep your case - - how long do you keepyour case open once it's r e f e r r e d t o DCCCA?A. I t depends on when th e goa l s a re met. Are yout a l k i n g abou t as f a r th e family and DCCCA?Q. When do you c lo se ou t your f i l e ?A. When DCCCA makes t h e i r case i n a c t i v e .Q. Okay.

And do you r e c a l l when t h a t occur red?A. 1 1 - 9 - 0 7Q. Okay. And d id you f e e l any need to fol low up a f t e rt h a t ?A. No.Q. Okay.

Do you r e c a l l - - d id you keep any no t e s with anyco n t ac t s you had with f a t h e r dur ing t h a t i n c id en t?A. Yes.Q. What do your notes r e f l e c t as to what t h a t co n tac twas?A. He came i n to th e o f f i c e on th e 22nd of May and wentover th e r e p o r t .Q. Anything e l se? Any obse r va t i ons?A. I b a s i c a l l y j u s t wrote down what he had sa i d t o me.

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th ings l i ke , she i s mad and I had peed of f . Doesn ' t c a l lthem names she j u s t gets mad. It's been happening fo r along t ime but it's go t t ing worse. Makes him angry. Tel lsmom she doesn ' t care . Last t ime occurred about a weekago. No locks on the room.Q. What does t ha t mean, "no locks on the room"?A. Some where in here , it was, someone suggested t ha tthe ch i ld ren were being locked in t he i r room as par t ofthe d i s c ip l ine .Q. Okay.A. But it doesn ' t happen anymore. A year o r two ago. Iasked him i f he could change one th ing . And t ha t wouldbe t ha t he would want to l i ve with dad. He has beenwanting to l ive with him fo r a couple of years , t ha t wasE l l i o t t .

Bent ley sa id , mom ye l l ' s , she ' s h i t t i ng the s i s t e r ,h i t t i ng the dog, but not h i t t i ng too r ecen t ly . I f hecould change one th ing , i s tha t everyone ge ts alongbe t t e r . And demonstrated mom changed up and down a l o t .And they ge t along be t t e r with dad.Q. Okay.

Did you draw any conc lus ions based on youri nves t iga t ion in to th is? Whether mom has any problemswith anger management?

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A. I thought there might be some. Yes.Q. How many -- I don ' t know how your f i l e s are kept . Doyou know how many t imes mom has been re fe r red to DCCCAFamily Preserva t ion Services?A. As fa r as I know, j u s t once.Q. Do you keep - - are your f i l e s kept cumulat ively so i fthe evidence showed tha t she had been re fe r red the rethree t imes you would know about tha t? Or do you j u s tknow about your case?A. It's supposed to be In one f i l e . Now t he re ' s anothersoc ia l worker t h a t took her par t i n case she was ca l ledin today. But I don ' t have any o th e r evidence here tha tshow t ha t t h i s was the only t ime t h a t she was re fe r redto DCCCA.Q. So you only know about one t ime?A. Correc t .Q. Okay.

Do you know i f dad 's ever been re fe r red to - - doyou have any evidence t ha t dad 's home has ever neededfamily prese rva t ion se rvices?A. No.Q. No, you don ' t have any informat ion , or, no, you don ' tbel ieve t ha t he has needed family -A. We can only r e f e r where the ch i ld ren l i ve a t with the

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Q. Okay.And so the re were var ious workers throughout , but

t he re was only one i nc iden t t h a t gave r a i s e to DCCCAse rv ice s . I s t h a t your understanding?A. I wouldn ' t know.Q. You d o n ' t know.A. I d o n ' t know the number of i n t akes . I know there wasa t l e a s t one.Q. I s t he re anybody who would know th e t o t a l number oft imes t h a t mom has rece ived SRS se rvices? I s thereanybody t h a t knows th e whole s i t u a t i o n with mom's house?A. SRS would know th e number of i n t akes .Q. Well , Ms. Treadway was here and sh e ' s an SRS workerr igh t?A. She i s .Q. Right .

So i f she doesn ' t know, i s t he re somebody e l se whowould know?A. I f she - - i f the re was ano ther worker ass igned to thecase they would know. I f t he r e ' s an EES worker t h a thandles b en e f i t s , they would know.Q. An EES worker who handles bene f i t s?A. I f t he re were one (ph). I do not know. I th ink - Q. Okay.

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But t h e r e ' s no person t h a t keeps an e n t i r e f i l e soyou can look a t th e en t i re h i s to r y o f what ' s gone on?A. Yes. There c e r t a i n l y i s . That would be SRS.Q. Would t h a t be Ms. Treadway?A. I would not t h ink tha t - - I d o n ' t know if she ' s beenthe worker . I f the re were othe r in t akes then she wasthe worker . There a re , I th ink , s i x t y ch i ld pro tec t ivese rv ice s workers a t SRS.Q. Okay.

T h a t ' s a l l .MR. WALTERS: Nothing fu r ther , Your Honor.THE COURT: Ma'am, I want to ask you one othe r

th ing .Once you had determined t h a t Ms. Simpson had met

the p lan and completed a l l those s a t i s f a c t o r i l y did yourecommend t h a t she do anything e l s e once you b as i ca l l yre leased h e r from serv ices? Did you recommend t h a t shehave a d d i t i o n a l counsel ing, add i t iona l pa ren ta l - - takesome paren t ing c las ses , anything l i k e t h a t t h a t yourecommended?A. We recommended t h a t she u t i l i z e our it's ourfol low up se rv ice . It's ca l l ed Resource Lia ison Serv iceswhere a Resource Lia ison goes in to the home once amonth. So we cont inued with t h a t se rv ice . We had no

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fu r ther concerns . When the Resource Lia i son Serv icesexpired in February and we didn ' t rece ive any otherin t akes o r any o t h e r c a l l s of concern . And then on May22, ou r year con t rac t ends of t h i s year .

THE COURT: So those se rv ices exp i red when?February of '08?A. February of '08 was our l a s t - - February 25 of '08was the l a s t t ime the resource l i a s ion was in the home.

THE COURT: Thank you.Anything e lse?

MR. WALTERS: No, s i r .MS ARIAGNO: No, Judge.THE COURT: Thank you ma'am, you ' re excused.MS. ARIAGNO : Thank YouTHE COURT: We're going to take our mid

af te rnoon break . We' l l take about a 10-15 minute break .(AT THIS TIME THE COURT HAS TAKEN AN AFTERNOON

BREAK. COURT DID NOT RECONVENE AFTER THIS TIME. I 'MLEFT NOT KNOWING IF THERE IS TESTIMONY MISSING FOR THISDATE. THE RECORDER WAS NOT TURNED BACK ON FOR THE DATE

25 THOF JUINE , 2008. THIS HEARING DID CONTINUE OVER TOTHE FOLLOWING DAY OF JUNE 26 TH , 2008).

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Teresa A. Rose,

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STATE OF KANSAS ) 167)SSCOUNTY OF SEDGWICK )

CERTIFICATEI, Teresa A. Rose, Transcriptionist for the Sedgwick County District Court in theEighteenth Judicial District of the State of Kansas, do hereby certify that theforegoing transcript contains all the proceedings requested to be transcribed: thatsaid transcript is a correct and complete transcription from the official tape recordingmade at the time of the proceedings, as indicated by the files and records of thisCourt.

The cost of said transcript dated 25th day of June, 2008is $501.00 (for 167 pages at$3.00 per page for the original). Said transcript was prepared pursuant to therequest of Barry Simpson, Respondent.

I further certify that said tape recording constituting the official record has been at alltimes in the custody and under control of the Sedgwick County Court. Dated this26th day of September, 2008.

ranscriptionistSedgwick County District Court 525 N. Main Wichita, Kansas 67203 (316) 383-7474

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