All for Acceptance

By: Rod
(© 2010 by the author)

The author retains all rights. No reproductions are allowed without the author's consent. Comments are appreciated at...

Chapter 8

When they pulled in, two orderlies and a nurse were waiting and on seeing the Hummer, pushed the gurney out to meet them.  Earnest jumped out of the Hummer and taking Tony placed him on the gurney.  The orderlies and the nurse rushed him into emergency and right into an examination room.  Phillip II went to the admitting office and handled the details, instructing them to do whatever was needed in the way of treatment.  At first the clerk asked if he was a parent and started to object about treatment being rendered without parental permission.  When they tried to explain the circumstances the clerk began to get even more steadfast in her refusal until Phillip pulled out his cell phone, hit a number on speed dial, setting it on speaker phone, and the Chairmen of the Board of the hospital answered the phone announcing his name and asking how he could be of service to Phillip.  Once the clerk was able to regain some semblance of self control, she heard Phillip explain the circumstances upon which she was instructed by the voice on the other end of the line that if she valued her position she would simply fill out the forms and leave any decision of treatment to the attending physician.  Rapidly she completed the forms on the computer as directed, printed out a name band, and disappeared into the examination room to place the band on Tony’s wrist.  When she entered, the doctor informed her it was about time she showed up with the band.  She attempted to explain her difficulty and was quickly informed that considering she was not an attorney and didn’t know the law, the doctor, under the circumstances, recognizing the severity of the minor’s condition was within the law to prescribe and begin treatment with or without parental consent.  Her only function was to establish financial responsibility so the hospital could be paid; it was not her concern to get permission for treatment. That was a function of the doctor or his nurse not hers, and she should remember that in the future if she wanted a future in that hospital.

As the men sat in the waiting room, the doctor finally came out and informed them that Tony indeed had an infection that was inflamed to the point his life was threatened if amputation was not performed immediately.  Allan looked to Justin and after a few questions from Justin for Allan; Justin turned to the doctor and told him to go ahead.  The doctor and Justin agreed that under the law the doctor had the right to go ahead without a parents’ consent due to the severity and life-threatening condition present. The questions with Allan confirmed that it wasn’t a matter of fear of problem with the amputation that caused the problem for Tony; it was the abandonment of his parents over the situation that caused his turmoil. Allan felt that Tony would accept the loss of limb to save his life with no more adverse reaction than could be normally expected.

It was a long several hours as the men continued to wait in the surgical waiting room to hear of Tony’s progress.  Finally around six in the evening the doctor came back out announcing that all seemed to go well and though Tony would be laid up for a few weeks in the hospital, it would be tomorrow morning when he would be conscious enough to see anyone.  The men should all go on home and come back tomorrow morning.  In the process of calling in another specialist, the doctor had found out about the original prognoses due to the fact that the doctor he had consulted with was aware of the case having consulted with the doctor at the original clinic.  Through the knowledge of the doctors and a few questions being asked they found out a bit of information about Tony’s supposed parents and the situation they had left him in.  Child and Family Services had been called and if the men could wait another fifteen minutes the service worker from there should arrive and perhaps some interim arrangement could be made.

“Phillip Samuelson?” asked the tall thirty-something gentleman as he stepped into the waiting room.

“Yes, may I help you?” answered Phillip.

“I am James Townsend with the Department of Child and Family Services.  I believe you are here in conjunction with Antonio Bartowski.”

“Actually I am here as an aid to Allan Scott who found Tony hiding in his car for warmth this morning.  Also with us are Travis Wainman, Allan’s brother, Justin Appleton my attorney and Earnest my associate.  Is there something you can tell us of Tony’s situation.”

“I understand you have assumed financial responsibility in regards to the hospital for Tony’s care?”

“Yes, and your point is?”

“I’m sorry sir if I have offended you, but you must understand it is quite infrequent that we have such an occurrence in the case of a foster child.”

“A foster child?  We were under the impression he had been abandoned by his parents.  Fearing the chance of being sent to an orphanage, he ran away.  What was the situation that he was a foster child?” asked Allan with an expression of complete wonderment.

“Antonio, or Tony as you know him, had been with his foster parents for almost six years.  He had been too young to realize the situation and they refused to tell him when he was actually old enough to begin to understand.  They had lost their only child six months before obtaining Tony’s placement and continued to live in a dream world that Tony was their son.  As time passed they began to have problems between them and with Tony’s medical condition; they began to argue feeling that what they received from us for caring for Tony was insufficient for his care.  Deep down they realized that Tony could not replace their son and when the doctor told them that Tony had an infection that necessitated the amputation of the foot and ankle it was just enough to push them over the edge and they bailed.  We did receive a call from them shortly after their departure from the doctor’s office and then a call from the doctor’s office as well, followed by another telling us that Tony had vanished.  It was quite a relief when we were notified that he was here and the surgery was being done so that the infection could not travel into his blood stream and possible kill him.  Now, it’s just a matter of time before he can be released and we can determine what we can do for him within the system.”

“What you can do for him within the system?  You intend to send him to exactly the place he fears so much?” asked Allan with a very strained expression in his voice.

“Do you know of any other options?” asked James.

“In the first place, yes, my wife and I have been licensed as foster parents for a number of years having fostered Travis here, why couldn’t we assume his care?” demanded Earnest.

“Pending a verification of records that may be possible, but I understand that he has become somewhat attached to Allan here according to what the doctor has told me.”

“Then why can’t Allan and I be licensed as foster parents for him.  We have a successful business and our own home with room for him” inquired Travis.

“What about during the day or evenings when you are at work?  I am fully aware of your reputation as a leading caterer in the Twin Cities, but that must require quite a bit of your time, when would you have time for Tony?”  replied James.

“With Earnest and his wife Mammy lending us a hand I’m sure we could arrange something, besides there is also Phillip IV who is very close in age to be company to Tony,” rebutted Allan.

“James, as the attorney for Phillip Samuelson II and Travis as well as Allan I can assure the appropriate resources are available for Tony’s care and well being.  Were we to continue to assume responsibility for Tony’s expenses here and beyond, releasing DCFS from further financial involvement, wouldn’t you feel the case to be closed in a way seldom so beneficial to the tax payer?” asked Justin as the other men simply shook their head in agreement.  “Besides how do you think Judge Hamilton with the juvenile court would feel about our petition?”

“Judge Hamilton?  You know Judge Hamilton enough to request his assistance?”

“Yes, before passing the bar I spent many hours in front of him as a CASA representative.  Once I passed the bar I spent even more hours in front of him handling juvenile cases until I took over the corporate end of things for our firm due to my Father’s retirement.  Dad and Jeff Hamilton, er, Judge Hamilton have been golfing partners as well as poker buddies for as I long as I would care to remember.  I am most certain Judge Hamilton would be willing to at least listen to any proposal I might put before him, especially if it entails removing a young boy with the problems Tony has had from the system and being given an opportunity to better his life such as this.”

“Why do you men care so much in so little a time for Tony, you haven’t had a chance to even get to know him? He hasn’t even been around you for twelve hours let alone the weeks or months it could take to really begin to even have a glimmer of an understanding of him.”

With out a word Allan reached down and pulled up the pants leg revealing his peg.  As James was drawn to his movement and saw the wooden apparatus his expression became one of inquiry.

“My son did not have the benefit of one of his hands from birth.  Travis and I loved him without reserve.  Allan lost his lower leg and foot in an accident a number of years ago and Travis could not love him any more than he does.  This family, as we call ourselves, is better equipped to accept and love an amputee than you can imagine.  We can offer the type of support and acceptance that Tony will need when he begins his recovery.  My grandson knows only of the stories of his father and his image through the pictures throughout our home, he has no problem accepting and wanting to help another in similar condition. Basically you couldn’t find a setting more conducive to the best interest of Tony’s well being,” stated Phillip.

“Considering ages, I recommend the placement of Tony with Travis and Allan, I realize it may be a bit unusual or even controversial, but in the long run I feel it would be the best for all, especially your agency Mr. Townsend,” added Justin.  “Would you care for me to draft a petition for the courts and present it to Judge Hamilton?  We would of course be expecting your full support.”

“The doctor tells me that Tony will need to be confined here in the hospital for at least a week and a half, maybe even two weeks.  So long as he can not leave the hospital, I could allow a temp guardianship to be granted in the name of Allan and Travis so they could be considered as family and not need to adhere to the normal visiting time regulations.  During that time I can carry out my investigation, consult with my supervisor, and then make the recommendations felt best deserved.  Should they result in a more permanent placement, I personally would have no objections, but, you must understand I have an obligation to follow a standard procedure to insure the legal rights of the department as well as Tony. There can be no indication of impropriety in any of the proceedings connected with this case.  Needles to say I would want to hear from Tony as to his feelings in this matter once he has recovered sufficiently to understand our discussion and its ramifications.  Would this be acceptable to all of you?”

“We couldn’t ask for a better scenario” exclaimed Phillip with agreement form the other four.

“James get your part started and I will begin drafting the petition. Give me a call and we can coordinate things.  In the meantime be sure everything is arranged for Allan and Travis with the hospital, I don’t think at least Allan is planning to leave here anytime soon, especially as soon as they will allow him to be with Tony.”

“I will be staying close by as well for as long as possible!” added Travis.  “Perhaps we can work out a schedule so someone can be with Tony most, if not all, of the time while he is here.  I bet Phillip IV would like to spend some time with him as well.  We’ll just have to keep control over Mammy, she may not appreciate what the hospital decides to feed him and take over some of his meals when she can.” 

A head shake of agreement along with a bit of a chuckle confirmed the agreement of the five men.  James could only wonder about the men in his presence. If only he could find such accommodation for each of his charges.  But then not everyone could be so fortunate. James rose and with a comment of ‘thank you’, left the room to check with the charge nurse and make the needed arrangements.  If all went well the agency wouldn’t have to pick up the tab for the surgery.  There would be a lot of other places the money could be used and Phillip Samuelson had stated that he would cover the expenses even after finding that Tony was in fact, a ward of the state.

Since Travis and Allan would not leave the hospital, even long enough to get something to eat at the mansion, all of the men made a trip to the hospital dining room for a bite of supper.  Allan and Travis were anxious to see Tony once the doctor would allow them too.  As soon as the group had finished eating they returned to the floor they had been told Tony would be transferred to and checked in with the nurses station.  It would be another fifteen or twenty minutes before they could see Tony.  Their was an air of excitement with an underlay of concern as they each grabbed a cup of coffee and waited to be summoned to Tony’s room.   Allan and Travis just sat and looked at each other wondering exactly what they had gotten themselves into.  They could read each other rather well by now and though each may have had some reservations, the decisions that they had made were done so with a feeling that there could be no argument between them, each step no matter how quickly traveled had been in full understanding that no other could be made, they were in complete agreement.  It did not matter that they had never discussed even the idea of taking on the responsibility of such a younger person but with their love for Phillip IV and their love for each other, they knew in their hearts that Tony had already captured a part of their hearts and could not be separated from them. Mammy had been called several times as the surgery had progressed.  She and Phillip IV were on pins and needles just as much as the men seated in the hospital waiting room.  There were tears of joy from Mammy when she heard the surgery had been successful and even more so when she found the analysis of the situation and the agreed upon solution for the time being.  She would most assuredly be involved he the care of Tony even if she had to put Allan or Travis over her knee to see to it.

Tony was trying to make sense of his surroundings when the nurse brought the entourage into his room.  Through his tears he reached out to Allan as Allan made his way in front of everyone else to Tony’s side.

“Things will be ok now little man” said Allan as he awkwardly hugged Tony while Travis simply held a hand on Allan’s shoulder in support.  Travis’s loving smile looked over Allan and Tony as the whimpers began to diminish.  Phillip, Earnest, and Justin just stood watching as the new family began its bond.

When Tony finally lay back in his bed, Allan seated himself in the chair beside and never let his hand go.  They would sit for many an hour over the next series of days as Tony began his healing process.  Each of the men spoke with Tony and expressed their joy that he had done so well in surgery and would soon be able to move about without any of the pain he had been suffering.  It was decided that Mammy could bring Phillip IV and though they would have to sneak him up and he could only stay for a moment, he could see Tony.  Phillip, Justin, and Earnest along with Mammy and Phillip IV would return to the mansion in the car Mammy would drive there.  Travis would stay as long as possible then arrange to get Allan’s car to the hospital parking lot.  Over the next week and a half or whatever time needed, there would be someone with Tony, and a car in the parking lot for that person to use as needed.

As the days passed all became better acquainted.  Tony could not believe the attention paid him by this new group of friends who were insisting they were now his family.  With all the pain he had endured over the last several months, the nightly arguments between the people he thought were his parents, even being in the hospital was a treat beyond his wildest imagination with this new found family.

The day after the surgery had been the worst when the doctor came in to check on things and for the first time Tony actually got to see what had happened during the surgery.  He was in tears as the doctor explained the viciousness of the infection that had attacked him and how unless the ankle and foot had been removed the infection could have continued up into his body to take away his life.  A lot of damage to the tissue had been done by the infection, damage that could not have been repaired even it they could have stopped the infection, but by removing it they had saved Tony’s life.  With his new family of support Tony had a great chance of living a long and somewhat normal but surely happy life.  The support that Allan was able to offer with his experience of having gone through a similar surgery was beyond value to Tony and his affection for Allan grew exponentially as the days passed.

James Townsend had been busy.  He could find nothing but good about Travis and Allan. He found their history, and after further sessions of questioning with both had learnt of the circumstances that lead to them finally meeting and sharing their heritage.  He had no problem making the recommendations suggested by Justin Appleton in allowing Allan and Travis to even adopt Tony.  His supervisor however was of a different persuasion and was not altogether happy in seeing an almost eight year old boy being adopted by the two young men.  As successful as Travis was in his business, Allan was only a short time out of high school and still within the first two years of college, in his eyes Allan was much too young to be adopting anyone, let alone an almost eight year old boy.  Besides, Allan and Travis lived alone, where there other motives behind their desire to adopt Tony?  He was not happy with the situation. Somehow he felt he needed to derail the adoption.

Several arguments were heard by the office staff as James and his supervisor Eric disagreed rather loudly in Eric’s office.  James had argued that there would be a substantial relief in funds needed to be spent by the agency if the adoption could be approved.  He felt it was all in the best interest of Tony and finally Tony could be in a caring environment and no longer a responsibility of DCFS.  Eric on the other hand just would not agree.  He felt something was wrong with the placement and wouldn’t recommend its approval.  James stated that if he wished to disagree that was his decision but as the case worker he would submit a letter of recommendation to the judge.  Eric threatened to fire him to which James dared him to do so considering the information that could come to light if he dared.

It seems that several years back James had answered a call by the evening desk sergeant to respond to a certain location due to the presence of a couple of children known to be in the jurisdiction of the DCFS.  James handled the situation by removing two boys and a little girl from an apartment in a building that had been condemned months before. It came to light when James started investigating that Eric was a relative of the foster parents entrusted with the children’s care. They were a relative of a relative on the mother’s side so no similarity of name indicated an association.  They were, however, in need of money and at the request of a relative in between, Eric had been persuaded to make the placement without a proper investigation.  Forms had been erroneously filled out and false inspection forms completed to imply all was appropriate.  Eric didn’t really know the condition at all but as it turned out the couple only wanted the appointment so they could collect the support funds which were diverted for other illegal activities.  All the while the children were not taken care of and usually left on their own in the abandoned building.  Since its condition predicated a definite lack of services especially that of a telephone, the couple felt secure that no one would ever be the wiser.  As long as the mutual relative who, by the way was receiving some compensation, could keep Eric in line and in the dark, money would continue to flow.  Only the kids would suffer and since they were the outcasts of society it was really of little concern.

Eric had known James through school and been instrumental in convincing him to go into the particular social work of DCFS.  Being such an influence and having paved the way for him to get into the department, when James found out what had occurred he confronted Eric and through mutual agreement ended the previous arrangements, saw to it that the children were more properly placed and nothing more would be said.  This situation, however, caused James to rethink his previous agreements. He felt that, if needed, this was the time to remove Eric from the department if he continued to resist the placement.  Little did James know that there were several other influences forcing Eric to take the particular stance he had.  Among these influences were his wife and the church she had brought him into.  They viewed two men living together as one of the most sinful abominations of man and to bring a male child into that environment was totally unacceptable.  It seemed the pastor of the church had an axe to grind with Phillip Samuelson as well as Travis Wainman, so had made numerous threats to Eric should this placement come about.   Eric seemed to have no way to turn, as the saying goes he was damned if he did and damned if he didn’t. 

The beginning of the second week of Tony’s hospitalization a notification was received by Travis and Allan that their presence would be required in Judge Hamilton’s court room on the following day at 10 AM.  Allan regretted not being with Tony but he had been attending classes with Mammy’s insistence.  Phillip II or Earnest stayed with Tony in the mornings most of the time, or at least when Allan could not. The problem was, all but Tony would attend this court appearance since he could not yet leave the hospital.  That morning there was an air of concern in both households as each prepared to appear in court.  James had made Justin aware of the problem with his supervisor and the fact that there may be two conflicting recommendations from his office, one from him in favor and one from Eric in opposition.

 “Hear Ye! Hear Ye!  All rise.  Let it be known that the 4th District 3rd Judicial court of the Juvenile division is hereby called to order, the Honorable Jeffrey Hamilton presiding.”

Justin had taken his position sitting with Allan and Travis.  Earnest, Mammy, Phillip II were seated immediately behind them.  James had taken a seat next to Allan while Eric was seated at the apposing table along with the assistant district attorney.

“Good day, gentleman and ladies.  Bailiff please call the first case” ordered Judge Hamilton as he seated himself.

“Will all parties concerned with the case involving the minor Antonio Bartowski vs. DCFC step forward.”

“Justin Appleton for the plaintiff Antonio Bartowski, motion presented by Allan Scott and Travis Wainman temporary guardians for same your honor.”

“William Anderson ADA representing the Department of Children and Family Services your honor.”

“Welcome to my court room gentlemen. I see we have a case here of one Antonio Bartowski who was abandoned by his previous foster parents when in need of life-saving surgery.  He ran away coming into the presence of one Allan Scott and eventually being taken to the hospital having surgery performed.  Notification from the hospital allowed DCFS to become aware of his location and condition after which petition has now been made to transfer this ward of the state to the gentlemen Allan Scott and Travis Wainman through their additional petition of adoption.  I might say Mr. Appleton it is a welcome pleasure to see you again in my court room and I appreciate the thoroughness and succinct manner in which you have presented your brief.  I also understand however that DCFS has objection to this petition?”

“If I may your honor.  We have present James Townsend of DCFS who offers support of the petition.  It seems there is a disagreement between him and Eric Mathers, his supervisor in this matter,” implored Justin.

“Yes, I see that.  Mr. Townsend would you take the stand, please.”

“Mr. Townsend.  You have investigated both Allan Scott and Travis Wainman?” asked Justin.

“Yes, sir, I have and find no reason under the circumstances why they should not be allowed to continue in the position of guardian for Antonio Bartowski or Tony as he prefers to be called,” answered James.

“Even though Mr. Scott’s age is only twenty?”

“Yes, sir, Travis Wainman is several years older and a prominent and well known businessman in the Twin Cities.  I feel that between them there is the availability of care, love, and support that Tony needs.  Tony has just gone through an amputation and Allan Scott is an amputee from an age of just a few years older than Tony.  He is a great source of support for him.”

“Is there any other reason you can offer the court that would support the placement with these two gentlemen?”

“There certainly is.  In concert with Allan Scott and Travis Wainman is the support of not only Phillip Samuelson II who is paying the hospital expenses for Tony as opposed to the department be required to pick up the expense, but also his associate Earnest and his wife   Mabel.  These two individuals were the foster parents for Travis Wainman a number of years ago.”

“Thank you, Mr. Townsend, I have no further questions at this time, but I would like to reserve the right to re-examine at a later time.”

“Granted, Mr. Appleton.  Do you have any questions, Mr. Anderson?” asked Judge Hamilton.

“Thank you your honor, yes I do.  Mr. Townsend I believe you are aware that your supervisor Eric Mathers is in disagreement with your position?”

“Yes, sir, I am.”

“And that disagreement stems from the fact that the department has not in the past recommended the assignment, let alone the adoption of a young male child into the household of two males, a household where no female is present, where there is not a normal male-female marriage relationship in existence. Your investigation had to reveal that fact did it not?”

“Those conditions were and are recognized.  At the same time we have been instructed by the State Chairman of the Department of Children and Family Services that it is not necessary to only place in the home of traditional defined marriages.  It is now seen that it can be beneficial if the proper attributes are present for single or same sex relationships to be allowed to foster or even adopt.  Statistics have proven that in many cases it is far more beneficial to the child than the group homes we so frequently have to delegate these children to for lack of the so-called normal opposite sex married households.  The availability of single parent and same sex relationship homes broaden the opportunity of many children being fostered or even adopted than ever before.  Society shows us many homes were single parents and same sex relationships have been quite successful in raising normal children to fully functional adults who continue to make a positive impact on their and other lives. In some cases due to the nature of the child’s proclivity, they are actually better off in same sex relationship homes as they can find support and understanding more readily than in some what most say, is the normal opposite sex married household.”

“Do you realize how blasphemous your statement was?  How can you put yourself in a position where you have a moral obligation to not only these children but to society and then even think it should be acceptable to place children in those dens of iniquity?”

“You, sir, are the one with the bigoted opinions that do more harm than good to the children of our society!”  replied James angrily.

“You are fired, James Townsend, I never want to see you in our offices again!” shouted Eric Mathers as he jumped up from his chair.”

“Order in the court! I will have order in the court!” yelled Judge Hamilton as he hit his gavel down several times. “I will not tolerate an outburst such as that ever again Mr. Mathers.   I suggest, Mr. Anderson, that you control not only your client but re-examine your own statements.  As much as I would like them stricken from the record, we do not have a jury present for you to make comments to.  I am hearing this case and I do not like what I have heard in the insinuations you have brought before me so far.  I am calling an adjournment at this time.  We will reconvene at one o’clock in the hospital room of Antonio Bartowski as I wish to ask the young man several questions.  This will also allow me the time to follow up on the verification of several statements made in my court room this morning.  Court is adjourned!”

To be continued...

A special thanks to Jesse Mercer for editing.

Posted: 10/08/10