Keeping Katie Ch 25

Laslo rode to school with a friend in the morning and they agreed to give BB a ride to her school as well. Katies eyes were wide as she watched Karen get dressed while Don looked like he usually did to go to work, except he was going with them. Karen got her into a nice dress and her good shoes and they left the house. It was no use trying to pretend it was a normal day.

Don helped Katie with her shoes. "She'll need new ones soon. She's about to outgrow these." he observed.

"That's in next weeks shopping list. Laslo has about worn his out too. Pretty soon, I'll have to get shoe boxes for his feet if he doesn't quit growing. I won't be able to fine shoes big enough around here." Karen said with a small smile.

"Mom sad?" Katie signed.

"Mom is fine. Katie is silly." Don said knowing he was lying to her.

"Mom is ready to go. How about you guys?"

Don took Katies hand and they went out to the car. He opened both doors on the passengers side for the ladies and made sure Katie was in her seat properly. He went around to get into the drivers seat and reached over to stroke Karens cheek. "I love you." he offered. He couldn't tell her again it was going to be okay. He couldn't believe it himself right now and he couldn't give her reassurance he didn't feel. She laid a hand on his thigh and squeezed briefly as he pulled out onto the street. She clicked the gate remote installed in his car to close the place up. He didn't question her need to do that. He understood it perfectly.

Ms. Dettrich was at the courthouse when they got there. She greeted them with a smile, even though she saw how tense they were. It was her job to reassure and prepare her clients. In Karen and Don she found an unusual challenge. Don was used to being in a courtroom on a different side so he didn't need much preparation. Karen was acting as though she was complying with the court, but she was passively resisting the process. She readily adapted her behavior to what was expected of her, too readily. She wasn't really modifying anything. All Dettrich could do was hope the judge understood this and didn't hold it against her.

"Good morning, Katie. This is Mrs. Taylor. She's going to take you to a special room for you to wait until the judge talks to you. Is that okay?"

Katie looked at Karen, but it was Don who squatted down and addressed her. "It's okay. Mom and I will be right in there. We'll see you really soon, okay?"

Katie nodded uncertainly, looking at Karen. Karen smiled at her too. "It's okay, sweetie. Does Mrs. Taylor sign?" she asked Dettrich.

"Some. She has a deaf grandchild that she doesn't see too often."

"Then you can help her with that, can't you? Don't talk her to death now." Karen teased.

Mrs. Taylor came over. She was a grandmotherly type who smiled a big smile at Katie. "Hi, Katie. I have a room with things we can do right over here. Mom and Dad can see you anytime they want, okay?"

She led Katie away and Karen dropped all pretense of being cheerful. Her face took on a deadly serious look. She was angry and scared and ready to be defensive. "You need to at least look amenable. I know you don't feel that, but the judge needs to think you're not angry and bitter. I'm going to be honest here, Karen. Appearance is everything. You have to prepare for anything they throw at you and not let it faze you."

Karens face altered and her attitude changed before their eyes, but her eyes remained angry. That was the best they could hope for. The doors opened and they entered the courtroom. Charlene and John were already there with who Don assumed was their lawyer as were the Jones's and their lawyer. There were plenty of chairs for everyone and Don got Karen seated first then took his seat. Karen nodded to Charlene and John, then to the Jones's but her expression was closed off.

Dettrich opened her briefcase and pulled out a stack of papers. She set them out when the door opened and the judge stepped out. They all stood and the judge sat down. "This case is the custody of Katie between Karen Wesson and Don Cragen and The Jones, the biological grandparents. I have read the briefs on both sides. I'd like to hear from the participants now. Mrs. Jones, I'd like to start with you. Would you please stand?" Mrs. Jones stood nervously. "Please tell the court in your own words why you believe you would be a good guardian for the minor Katie."

"Your honor, she is my granddaughter. She's all I have left of my son. We didn't know where she had gone for years then we got the notice of intent to adopt from the court and I think she should be with family."

"You are, not to be rude, Mrs. Jones, but you are her grandmother. Would you be able to take care of a healthy, active, child with physical limitations such as is described in the paperwork?"

"Yes, your honor."

"What qualifications do you have for taking care of a child with language impaired skills?"

"We have been taking classes, your honor."

"Both of you?"

"Yes."

"For how long?"

"Three weeks."

"I see. And you've known about Katie for ..." he checked his notes "several months yet you just started classes. Can you explain that?"

"We weren't sure if we were going to try to get custody. Once we decided that we were going for custody we enrolled immediately."

"I see. Is there anything else?"

"We have a room all prepared for her and have bought her some things to make her feel at home."

"Thank you, Mrs. Jones, you may take your seat. Ms Wesson, I'd like to hear from you now."

Karen stood up and folded her hands in front of her. "Yes, your honor?"

"According to my records you have physical custody of Katie and have had her since she was a year old. Is that correct?"

"Yes, your honor."

"What took you so long to decide to adopt her?"

"She's old enough to want a family of her own and now she'd have two parents."

"You and Don Cragen. Are you he?" the judge asked Don.

He rose to stand next to Karen. "I am, your honor."

"It says here you are engaged to Ms Wesson?"

"Yes, your honor."

"The Jones brief states that you are the captain of Manhattan Special Victims Unit and they are concerned how your job affects your family life. Can you give me your assessment of the situation?"

"It's true that my job is in the Special Victims Unit, and that we deal with sexual based crimes, but it has never touched my family and the job stays at work. It has made me hypervigilant of how children in particular are targeted, but that reinforces my belief that I can be a good father to Katie. I've been a part of her life longer than the Jones and I understand her. There has been no problems with her nor either of the other two that are in the house. That's my take on it, your honor."

"Thank you, Captain. You may take your seat. Ms. Wesson, I have read your considerable record of experience with foster kids. Why Katie? You've had children of all ages and circumstances over the years. Why is Katie the one you choose to adopt? Surely you know she has loving grandparents that can take care of her."

"I know she has relatives. I'm not so sure they can take care of her properly, Your honor. Much as I'd like to have her happy, I don't believe they can give her the love and care she deserves. She is a healthy active child except for her speech impairment that is the direct result of the father they raised and what he did to her as a baby. While some of it could be outside influences, some of it could be the method he was raised with and I worry they might apply the same kind of discipline to her."

"Are you basing your opinion on facts, Miss Wesson?"

"No, your honor. I'm basing it on years of dealing with abusive and neglectful parents. My instincts and my experience see a pattern in the Jones's behavior. I'm concerned about it. And the fact that I want Katie to stay with me. I love her, your honor, and I'd like to keep her with me. I worry for her safety and her mental stability if she goes with the Jones. I'm sorry, your honor, but that's what I base my case on."

"I will take your "instincts" into account, however, this is a court of law. We deal in facts."

"Yes, your honor." Karen said meekly.

"I need to hear from Charlene Wilson? Is she here?"

Charlene stood from her seat and came to the front of the visitor gallery. "I am, your honor."

"According to the complaint filled by the Jones your morals are in question as a caregiver for Katie. They have produced photos that show you leaving the apartment of a single man a Detective John Munch. According to the papers filed, you are not married and they consider your morals detrimental to Katies moral upbringing."

John stood up and came to stand next to Charlene. "I am John Munch, your honor. Charlene has agreed to do me the honor of marrying me. That is all I have to say."

"So you admit you are having a relationship with Ms. Wilson outside of the confines of marriage?"

"Yes, we have, your honor, but never in the same home as Katie or the other kids."

"Your honor, we are very mindful of how things are done when it comes to children and morals. I am enrolled in college to become a Social Worker. I would not take a chance that could jeopardize that goal." Charlene said.

"Very well. I have heard all the emotional information I need. I would like to have the financial records sent to my office in two business days and then I will consider that part of the case. I would like to speak to Katie now in my chambers. Bailiff will you have her brought in?"

"Your honor, do you sign or have someone who does fluently? Katie doesn't communicate much vocally, but she is pretty eloquent when she wants to be. I'm concerned that she will not be able to make herself understood sufficiently." Karen said with the proper amount of humility.

"We have people here who can translate, Ms. Wesson. I do have just one question for you. You admit to being engaged. Has a date been set for the wedding?"

"Saturday, your honor. Four days from now."

"Is this a ploy for the case? Because if this is an attempt to influence the courts decision..."

"It isn't, your honor. We set the date before we knew of the court date. We have correboration of that fact."

"I'd like that provided as well. As well as any questions pertaining to ongoing income and the ability to support the child and her medical needs."

A court clerk hurried in to speak to the judge. A wailing could be heard from out in the hallway. "That's Katie." Karen said alarmed. "Excuse me, your honor." SHe made for the door.

"Ms. Wesson, stop. My clerks are quite capable of handling one small child without your assistance..." the judge said.

Karen stopped uncertainly as the sound got louder. Don got up and headed for the door. "I'll get her." he told her.

"Captain Cragen, that goes for you as well." the judge said.

The sound rose again in intensity and Karen wanted to ignore the judges order to go to Katie. "Don't go." Dettrich advised her in low tones.

"She's in trouble, dammit! I'm sorry, your honor." Karen said and deliberately headed for the door.

The door flew open and a panicked Katie charged in followed by a harried looking court clerk. She threw herself at Karen, sobbin hysterically. Karen scooped her up and hugged her tightly. "It's okay. I'm here, sweetie. I'm here." She murmured holding the girl and sank down on one of the benches. The judge banged his gavel and Katie whimpered and burrowed closer to Karen. Karen glared at the judge for a moment. "What the hell did you do to her?" she demanded of the clerk.

"Nothing. I told her we were going to go into the judges chambers and she refused to go out of the room without you. I tried to tell her it was okay, but she went ballistic and then she started making that noise and she wouldn't listen..."

"She gets scared easily. It's okay, Katie, I'm here and so is Dad."

"Miss Wesson, I understand that there has been trauma to the child, but I need to speak to her. There'll be a ten minute recess. See if you can calm her down enough for the case to resume."

"Yes, your honor."

Don went over to them and put his arms around both of them. "It's okay. We're okay. What happened, Katie? Can you tell me?"

Katie shook her head into Karens shoulder. Don made eye contact with Karen. He made sure she understood that he needed to get through to Katie. She nodded and pulled Katie back from her plastered contact. "Sit up here and listen to Dad. Come on, he's talking to you. Look at people when they talk to you."

Katie turned around and stared at Don with a belligerent look in her eyes, but she leaned heavily back against Karen. "Tell me what happened." he said gently but firmly. Katies tearstained face would have been more effective if she hadn't stuck out her chin belligerently and refused to answer. She was scared but she was mad too. "Don't play games wtih me, Katherine. What happened?" Don glared at her using his scary captains voice.

Katie caved immediately and told them what happened. It wasn't much in terms of what other kids had been through but it was alot for her. The worker was nice but she wasn't Mom and so Katie didn't trust her. Then she wanted to take Katie into another room when Mom told her to wait in that room. Then when Katie wanted to come here she wouldn't let her come and Katie got scared. She started to cry again and Don took her from Karen and held them both. "Katie, listen to me. The reason the lady wanted you to go with her is to talk to the judge. He needs to know how you feel about this and he was going to do it in his office called his chambers. He's not a bad man, no one here is going to hurt you. I wouldn't bring you here if it wasn't safe. The judge still wants to speak to you. If I promise he's okay to talk to, do you think you could talk to him?"

Katie signed something he didn't catch, but he did see the symbol for Mom.

"I don't think the judge will let Mom go with you, but we aren't going to leave here without you. Will you talk to him? It's very important."

Katie nodded, though Karen had the idea that it was more so Don would be quiet than that she wanted to talk to the judge. The judge came back in and Don, Katie and Karen went back to the front of the courtroom. Katie sat between them at a chair brought over for her. "Court is back in session." the bailiff called.

"I see we have been joined by a young lady. You are Katie, I presume?" Katie nodded uncertainly. "You understand what I'm saying?"

Again Katie nodded. "Good. I'm sorry you got scared. I didn't realize you didn't know what we wanted. Are you better now?" Katie nodded agreement. "Can you tell me why we're here today?"

Katie made some signs and the judge looked around. "Where's the translator?" he demanded.

"With the courts permission, your honor, I will translate." Karen said.

"Can I trust you to tell me exactly what she's saying, Ms. Wesson?"

"Yes, sir. I pride myself on my honesty and you will see it in the record that I'm known for it. Katie said you want to see if she has to go live with her grandparents. Her words, her phrasing."

"That's one of the reasons we're here, yes. Do you know your grandparents?" Katie pointed at them. The judge smiled. "Yes, that's them. Do you know anything about them?" Katie shook her head no. "Have you ever been to their house? Do you want to go? Do you remember them at all? Do you remember your parents talking about them?" The answer to all of the last questions were no's. The judge frowned at that. "Katie, did anyone tell you what to say here today?" Katie shook her head vigorously no. "Do you like where you're living now?"

Katie made the sign for Mom and Dad. "Would you go live with your grandparents if you could still see Mom and Dad every few days?"

Katie got agitated and started signing. "I don't know them. I don't like them. HE makes me feel bad inside. I don't want to live with him."

"What will you do if I send you to live with them?"

"No." Katie immediately panicked at the idea and turned to Karen, grasping a hold of her again like a little monkey. Don had not seen her act like that since he first met her. Karen held her tightly, turning her back to the judge to shelter Katie in her arms.

"Your honor, request permission to take Katie from the courtroom." Dettrich asked the judge.

"Granted. We're done here for today. I'm ordering Katie be evaluated by a child psychologist and there be supervised visitations every other day between Katie and the Jones's. Half to be in the foster home and half to be in the Jones's home. The court administrators office will set up the schedule. Court is adjourned. Next case."

Don cleared the way for Karen, carrying Katie followed by John and Charlene and all the attorneys from the courtroom. Once outside Karen retreated to a bench because Katie was heavy and Charlene came to sit down beside them. Don and John stood and watched as the women tried to speak to Katie who was totally unresponsive. "This is not good, is it?" Don asked Dettrich.

"It's too early to tell. The judge was not impressed with the Jones's indifference to Katies emotional distress, but then she said she doesn't know them, so they wouldn't be as affected as you and Karen. That's what the visits are for. The psychologist report will carry alot of weight with the judge. Why don't you take Katie home now and I'll make arrangements with the court and let you know when the visitations will be."

"I want to be at the first one of each of them. One at our place and one at the Jones."

"Alright. I'll contact you as soon as I have them set up."

"Thank you." the lawyer walked away. "John, I'm sorry for what's happened."

"I would feel the same way. Consider it forgotten. Do you think they will get over it as easily?"

"I think so. I can't imagine them staying mad at each other for very long with Katies welfare at stake."

"True. That really hurt Charlene that Karen thought she was against you."

"It hurt Karen, too. She has a strong temper, Charlene told me that. I think things will be okay with them now."

"I have an idea that I know what Mr. Jones wants with Katie's custody now. I'm going to the office to get started on it."

"Good idea. I'll be waiting to hear. I'm going to take them home. Shall I offer Charlene a ride?"

"No, she has to be somewhere for a meeting. I'll take her before I go to the office."

"Okay, John, and thank you for being here."

"You know what ever I can do to help."

Don went over and spoke to Karen and Katie. "Let's go home. Charlene, thank you for being here."

"Yes. Thank you. I'm sorry, Charlene. I should have known you wouldn't do things that would hurt us. Forgive me?"

"Yes. Of course."

They hugged awkwardly and Don helped Karen up with the girl still in her arms. "Let me take her. Katie, come here. You're too heavy for Mom to carry all the time. I got you."

The small family walked out of the courthouse and went home.

Dettrich called later that day. "I scheduled the first appointment at your place tomorrow at 3:45 so Katie will have a chance to get home from school and get changed and a snack then two days later at the Jones's place. You'll probably want to pick her up from school and then go over to their house. That will give you the day of your wedding free of visitations. I thought it might be easier that way."

"Thank you. That was very thoughtful of you. You are welcome to come to the wedding." Don said.

"I'd like that, but it's probably best if I not seem to close to the family right now. I appreciate the invitation. My best on your special day."

Don hung up and told Karen the news. It put a damper on the whole evening.

TBC