THE BEST INTEREST OF THE CHILD ?
The history of the "Dr. R. Jay Thomas, Ph.d. report".
The following quotes are from the court record.
On May 20, 1994 at a pre-trial hearing, Mr. Patton, Atty for Donald and Connie Hanes, "indicated he prepared a partial stipulation that had been agreed to and submitted it to the parties but they have now rejected the offer." Mr. Hutchinson, Atty for Kelly Helton, "addressed the Court and stated the stipulation was not acceptable and the parties are further apart than ever."
"A custody evaluation should be done and Dr. Jay Thomas out of Salt Lake City has agreed to do the evaluation. Mr. Hutchinson stated that after the evaluations are completed he intends to file a dispositive motion."
"Mr. Patton stated that there are motions pending and counsel requested additional time to file amended pleading. Mr. Patton also indicated he intends to withdraw as counsel in this matter."
The final part of the court record for this date reads:
"The Court resumed hearing. Counsel present. Matter reported by Creed Barker."
"For the record this is a time for a status conference and there has been some mediation discussed. The partial stipulation stated into the record by Mr. Patton. Dr. Jay Thomas to do a custody evaluation and both parties to contact Dr. Thomas within the next 10 days from today and make arrangements. Each party to pay one-half of the costs of the evaluation. Counsel to request that Dr. Thomas complete the evaluation by August 15, 1994. The natural mother to give two weeks notice of her intent to visit the minor child and the petitioners to keep Mrs. Helton informed of any trips and of their itinerary if the child will be unavailable. The Guardian Ad Litem to set up a reasonable visitation schedule. The Court clarified the previous order as regards supervised visitation. Mr. Moody has already made arrangement for a home study of the Kelly Helton home in Arizona and also arranged for random drug testing. It is Mr. Patton's intent ot withdraw and Court will give Mr. and Mrs. Hanes 30 days to retain new counsel and amend their pleading if they choose to do so." "Mr. Hutchinson to prepare a partial stipulation and order, have Mr. Patton and Mr. Moody approve as to form and file with the Court for signing and filing."
These quotes are from the transcript of the above hearing.
Page 5. Mr. Hutchinson: May I have just a just a moment?
The Court: Yes.
Mr. Patton: While he's talking with his clients, your honor, maybe I can ask my clients on the record if they've heard this agreement and agree to be bound by it. Have you heard the stipulation as I've stated, Mr. and Mrs. Hanes?
Mr. Hanes: Yes.
The Court: Mrs. Hanes? The question is, did you hear the stipulation.
Mrs. Hanes: I heard the stipulation. I wonder how much I've been distracted by other things. Is it possible that I could hear it again.
Mr. Patton: The provision is Jay Thomas will do the custody evaluation and home study.
Mr. Patton proceeded to explain the details of the stipulation. Afterwards Mr. Hutchinson asked the court for clarification on visitation. Mr. Patton reminded the court that an order was already in place. The hearing continued on and Mr. and Mrs. Hanes did not agree to be bound by the stipulation. Further, the order created by Mr. Hutchinson was never filed in the court record.
At the first visit with Dr. Thomas, Mr. and Mrs. Hanes made it clear that the proceeding was a petition for adoption and not a custody evaluation and that they would participate in a home study and psychological evaluations for the purposes of adoption only.
After many discussions with John Moody, Guardian Ad Litem, the study proceeded. Dr. Thomas finally finished his report on Nov. 30, 1994. The following are some experts from that report.
End of first paragraph of his conclusion, page 25, he states..."were the Hanes to be petitioning for the adoption of another child, without a biological or family relationship to themselves, this would be tentatively supported."
In the second paragraph he states..."Connie Jean and Donald are seen as quite caring and committed to Zenith. They have bonded with her and, indeed, over the past 16 months, have become Zenith's psychological parents."
On page 27, second paragraph..."It is clear that, for the first two to three months of Zenith's life, Kelly saw adoption by her mother as a viable, desirable option, particularly with her then shared prioritizing that her daughter could grow up in a family with both a mother and father."
On page 28, second paragraph...."Zenith and the Hanes are quite strongly and positively bonded with each other.
From the Risley-Curtiss Kelly Helton home study:
Current Financial Status
Total Income per month $672.00
Health Status
According to Ms. Helton she has rheumatoid arthritis.
Also, interesting to note is Dr. Risley-Curtiss Curriculum Vitae. Under Professional and Community Service:
This is the only reference to any previous home studies.