Witness:  Mr. Neil Hodges, Father, Joplin, Missouri

     DOUGHERTY: How did we know. Please go ahead.

     HODGES: I'd like to thank you all for taking time to hear our problems and our concerns about the best interest of the children. One of my first and greatest concerns is the use of false child abuse allegations during divorce, both sexual and physical. They not only create problems for the accused parent, but the child, as well. Actual cases of sexual molestation and physical abuse to a child is bad enough without the child having to be examined for cases of false sexual abuse or physical abuse.

     The approach is taken by the Division of Family Service caseworkers that an accused parent is guilty until proven innocent, has been documented by studies all across the United States, that a prejudice is immediately assumed that the party is guilty. Psychological examinations presented in court a lot of times through court appointed psychologists and psychiatrists have been tainted by these professionals for being preferred witnesses in a court.

     In my particular case, I have filed charges with the Board of Professional Registration against these people for misusing their power.

     My particular case involves my three and a half year old daughter experiencing self mutilation and periods of intense masturbation. As fathers, you can all, and mothers assume my shock when I was told of my three and a half year old daughter's problems. This was over a four month period of her treatment that I was not aware of. I went to court following judicial procedure for child custody, beginning in the county in which I reside, and was given a temporary order of custody, because the mother failed to appear for the original hearing. The day after I attempted to have this custody order served, a child abuse hot line report was made, indicating that I had severely beaten my daughter at the age of two and carried her naked through a public bowling alley. Although these reports could not be confirmed and were listed by the state as unsubstantiated, Greene County still determined there was a risk at large for these children and assumed the legal custody of my children.

     Reports made by child protective workers in the Division of Family Services of Greene County include libel and slanderous remarks toward the father, none of which can be documented by police reports. This is an issue that should and needs to be addressed by this committee ......

     DOUGHERTY: Some of which or none of which?

     HODGES: None of which. One of the needs to be addressed by this committee is the nonaccountability of these workers to be responsible for the reports they write. When it directly affects the best interest of the child, these persons are as responsible to that child as either parent could be for causing the abuse to exist or creating a situation of abuse through legal means, means that are intended to disburse these problems and not create these problems.

     I would like to mention some on Child Support Enforcement. When the mother and I were separated, she had filed for assistance through AFDC, and an order was issued for a court appearance. The mother and the father reconciled, and neither appeared at this court appearance for Child Support Enforcement, yet, the order for the enforcement automatically went through and ordered the mother a check. The mother, living with the father, who was supporting the children, and furnishing a home, was collecting these checks from Child Support Enforcement that were established during their separation period, and also collecting food stamps that was established during their separation. This issue needs to be addressed for fraud. There are provisions for fraud, in Missouri statutes. Unfortunately, Child Support Enforcement determined that since there was a valid court order for this child support to be paid that even though the mother was living in the home, it was valid that this child support be paid. It may be unethical, but not fraud.

     DOUGHERTY: Mr. Hodges, I'm going to stop you right there, and see if there's any questions right now. Senator Yeckel.

     YECKEL: Mr. Hodges, is your daughter, who was mutilating herself at three and a half?

     HODGES: I'm sorry, I couldn't hear you.

     YECKEL: You testified that your daughter was mutilating herself at age three and a half, and the next the hot line called, was put into child abuse, saying that you carried her across the bowling alley naked. Is that what you testified?

     HODGES: I testified my daughter was being treated for self mutilation and it was claimed to have been a result of the father's behavior and child abuse. This child abuse hot line report was not filed at the time that my daughter was taken in for treatment. It was filed the day after the father received an order  of temporary custody in the county in which he resides.

     YECKEL: That was what I was trying to find out. So, it was done after a psychologist worked with her for the problem. How did you find out? You said she was being treated for self-mutilation. Did you arrange for the treatment?

     HODGES: When I spoke with DFS case investigator for the child abuse hot line report, then I was told that my daughter was in treatment.

     YECKEL: Oh, you didn't know it at all. You just got this hot line report and that was the first you knew?

     HODGES: In attempt to have the temporary custody order served, I had gone to Division of Family Services, in Christian County where, the mother resides, and asked to talk to a caseworker, because the sheriff's department had been unable to locate the mother. The caseworker told me that the day prior, which would have been the 14th of November, that the child abuse hot line report had been received on the father......

     YECKEL: Meaning who?

     HODGES: Me, and directed me to go directly to Greene county to aid in the investigation of this report.

     YECKEL: Okay, but you had the temporary order when you went to Christian County?

     HODGES: Yes, Ma'am.

     YECKEL: Thank you.

     HODGES: I would like to add that I was also charged in Christian County with stalking, even though I was in the presence of a sheriff's officer and had a valid court order for custody.

     DOUGHERTY: You were charged? What happened?

     HODGES: The mother, there was no penalty for the stalking charges, but there was an order of exparte issued against the father for the mother....

     DOUGHERTY: Wait a minute. I'm really confused the times when you use the word, "father". The father is you?

     HODGES: Yes, Sir.

     DOUGHERTY: Would you use yourself. You're really confusing the committee.

     HODGES: Thank you. Okay, I will.

     CASKEY: I have a question. Do I understand that you have a problem with the state of Missouri's Division of Child Snatching, otherwise knows as Family Services?

     HODGES: Yes, Sir.

     CASKEY: I thought I heard that. Thank you.

     HODGES: I have the report from the Division of Family Services that states that Neil Hodges is mentally ill, and the report goes on to include that Neil Hodges was actively involved in gunfire 24 hours a day for a 60-day period. Neither of these statements in the Division's records were substantiated, either through a psychological evaluation or a police report that could document any action of malappropriate behavior by myself or police reports that confirmed any of the allegations of a firearms violation.

     DOUGHERTY: Mr. Hodges, we need to get down to any further recommendations.

     HODGES: Okay. I went through the children's guardian ad litem and ask her to investigate the claims of the mother, and I tape recorded this conversation with the guardian ad litem. She has refused to participate in any further investigations regarding allegations of my daughter's self-mutilation, even though the mother has a history of self-mutilation and numerous suicide attempts.

     I approached the Division of Family Services about the mother's prior psychological history, starting at age nine from running away from home, advancing through Chillicothe's Girl's Home and eventually to court recommended therapy in the Hawthorne Center in Joplin, and, finally, in Nevada State Mental Hospital for a period of 90 days to one year. These were all dismissed as old history by Division of Family Services and my child's therapist, and were not allowed to be presented in the custody issue of the courts.

     The Division of Family Services has denied the father access to records.

     DOUGHERTY: That's you?

     HODGES: Yes, Sir. The Division of Family Services has denied myself access to any of the records that would shed light on what is actually transpired during all this.

     DOUGHERTY: I need to get you back to any recommendations you have.

     HODGES: Recommendations would be for this joint custody to allow the parents to have a meaningful contact with both children. You'll have to excuse me.

     MORTON: I'd like to, if I could, and maybe this normally isn't done, but not only as another director. He's a director, but also as a friend, all that I would like to state to the committee, which, you know, a lot of us are very nervous up here, and what it boils down to is this man attained custody, and at the same point and time, a few days later, was hotlined for child abuse, and lost custody of his children, and so, he's kind of strayed away. I mean, like I said, we're all nervous, but at the same time, what can be addressed on false accusations in reference to this trauma.

     DOUGHERTY: That was the first thing that he said. We have that on the record, yes.

     MORTON: You know, like I said, he's also a dear friend, and I  want to stand beside him.

     DOUGHERTY: I appreciate that fact, but we're just trying to get as many recommendations as we can, and that's why we keep focusing on that.

     HODGES: Another recommendation I'd like to make is to the Department of Child Support Enforcement, is I asked through Division of Family Services how my children were being supported and was told that because the county had legal jurisdiction, I had no right to know, and I offered, at this time, to pay child support and was told that I would be told when to pay, and I asked again how my children were being supported, and was told that it was none of my business. I paid the mother child support and when the Division of Family Services found out that I was giving the mother child support, they told me not to give her any more money, and reminded me that Greene County had legal jurisdiction of my children and I was not entitled to know how they were being supported or entitled to pay child support, that I would be instructed by the courts of Greene County......

     DOUGHERTY: They told you not to pay?

     HODGES: Yes, Sir, and I have this in a tape recorder.

     DOUGHERTY: Was this a caseworker type person?

     HODGES: Yes, Sir. Since I'm in Newton County, the mother is in Christian County, the child abuse hot line report was received in Greene County, we have a case manager that coincides the three counties together.

     DOUGHERTY: And, this information, you've got the record of?

     HODGES: Yes, Sir.

     DOUGHERTY: I'd like to get a copy of that.

     HODGES: Okay. These psychologist, that treated my daughter, I went to her and asked to present the mother's psychological history, and provided documented proof. The psychologist replied back to the Division of Family Services that she found myself intense and demanding regarding the treatment of my daughter. She refused to accept any of the prior psychological history on the mother as having any bearing on my daughter's treatment.

     Another issue that the committee should investigate would be the behavior of attorneys during divorce and custody proceedings. I had one attorney in Greene County tell me he could not effectively represent me in Family Court, in juvenile matters, because Juvenile and Division of Family Services was corrupt in Greene County, and, as a result, I retained another attorney who I assumed would represent me to the best interest of my children. When we got to court, he dismissed the motion to reassess custody on the grounds of the mother's prior psychological history and behavior of Division of Family Service personnel, and I received increased visitation then from four hours every other week to four hours a week, but was arrested when I left the courtroom.

     I'd like to address the issue of visitation. I've been required to drive over 100 miles each way to see my children for a period of four hours. Last winter, I asked for extended visitation, because of the weather. I feel that being restricted to four hourss visitation, a hundred miles from home, is not a safe atmosphere for the children, nor does it allow the time for any bonding between the parent and the child in public places.

     As far as the negative comments that have been made about the police in carrying out court actions, regarding visitation, and domestic violence, our police departments need to be commended for service in as difficult times with parents, and they are aware of the accusations, of prejudice, and they are making steps to be fair when they have to dispense their duties in domestic violence.

     Thank you.

     DOUGHERTY: Thank you, very much.

     YECKEL: Mr. Hodges, could you clear another thing up for me. You have one child or two?

     HODGES: Two.

     YECKEL: And your wife is living where?

     HODGES: Pardon me?

     YECKEL: Where is your wife living, your ex-wife living.

     HODGES: In Christian County.

     YECKEL: And, you're living in....

     HODGES: Newton County.

     YECKEL: And your children are in Greene County?

     HODGES: No, the mother has physical custody in Christian County. Greene County has legal custody.

     YECKEL: Okay, all right, then they're not wards of the state?

     HODGES: Pardon me?
 
    YECKEL: Are your children not in the custody of the state any longer?

     HODGES: They're in the physical custody of the mother.

     YECKEL: And, the legal custody of the state?

     HODGES: And, the legal custody of the state.

     YECKEL: Is your ex-wife paying child support to the state?

     HODGES: We were never married.

     YECKEL: Oh, all right.

     HODGES: She is not. I am not allowed to pay child support according to the caseworker. The child support order that was enforced, when we were living together, I wasn't aware of until the mother left, and I asked Child Support Enforcement to make a decision on whether the mother committed fraud by accepting these  checks while she was living in my home. After a year, they determined that since there was a court order that I was responsible for the child support. I'm in the process of paying that back now.

     YECKEL: Thank you, very much.

     DOUGHERTY: Thank you, very much, Mr. Hodges. Appreciate that.  Courtney McGhee.