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Hebenstreit: Making a Difference in a Child's Life

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IBA-hebenstreitTake a minute to engage in a little imagining. Pretend that you are a 7th grade boy. You have never spent an entire school year at only one school having been moved around constantly by your parents. Your Father is in prison for child molestation and your Mother has just taken off leaving you with a friend. Then you discover that your Mother has also filed for divorce. What is going to happen to you? With whom will you live? How will you live? Well, sadly, this is not unreal. It was a real case handled by a volunteer for Kid’s Voice of Indiana who had been appointed by the Court as a Guardian ad Litem for the young man. That volunteer Guardian ad Litem (GAL) was able to locate a family friend and persuaded the Court to place the youngster with that friend who was not only able, but interested, in raising him. A happy, but unusual ending.

Recently, I attended an IndyBar sponsored seminar conducted by Judge Pat McCarty and several Magistrates and Commissioners of the Marion Superior Court. It was a breakfast roundtable focused on family law matters. Several questions during that seminar dealt with Guardians ad Litem. The judicial officers were unanimous in their praise of the work the GAL’s do and the significant benefit these volunteers provide to the Court. Having previously been appointed to serve as a Court Appointed Special Advocate (CASA) I fully understood their message and hoped perhaps I could use this column to both explain the significant role CASA volunteers play and encourage some of you to volunteer.

First of all, a GAL is only involved in the family law case as an advocate for the child or children. Family law cases are frequently quite contentious and often the parents become more interested in self centered victories than what is truly best for the family. That is only normal, but it is not uncommon that the children are the ones who are the big losers in such contests. The role of the GAL is to stand up for the child and provide information to the Court about what is in the best interests of the child. The GAL accomplishes that task by meeting with the children, the parents, teachers, family and relatives and any other significant adults in the lives of the child. Frequently, what is best for the child is not what the parents believe is the best. But in a Party A v. Party B world, it is the parents who have attorneys advocating for them, leaving the child without a voice in the significant proceedings.

Without being overly simplistic, there are essentially three ways to be appointed a GAL in Marion County. The first is for a judicial officer to ask you and then issue an order appointing you to the position. The second is to agree to be a volunteer with either Child Advocates or Kid’s Voice. Both operate effectively in Marion County and each serves a slightly different type of legal matter. According to attorney Derelle Watson-Duvall, Kid’s Voice uses volunteers in primarily custody cases. The judicial officers serve as the gatekeepers who determine if Kid’s Voice should be appointed in a given case. An appropriate volunteer is then assigned to the case who serves as the fact finder. Staff from Kid’s Voice assists the volunteer with the project and represents the GAL in Court. Typically, the GAL prepares a written report for the Court, but frequently is called as a witness to actually testify at hearings. Unfortunately, Kid’s Voice can only handle about 115 cases at any given time. They have about 125 volunteers, of which 89 are attorneys, who collectively handled 363 cases in 2010. In addition to attorneys, they also use the services of law students, paralegals, law firm staff, and community volunteers to serve as the GAL’s. The need far exceeds the capacity.

The other major provider is Child Advocates, Inc. They are the largest CASA program in the state, and under the leadership of attorney Cindy Booth, Child Advocates has two primary areas of service. They use in house social workers and attorneys to serve as CASA’s in custody cases. They also serve as CASA’s in all CHINS cases in Marion County. This is where they have a huge need for volunteers. CHINS is an acronym for Children in Need of Services and most CHINS cases are handled by the Marion Juvenile Court. Essentially, the State asserts that the affected children are not being properly care for by their parents, and the State requests different levels of care up to and including the termination of parental right of the child’s parents. Volunteers are assigned a staffer who will assist and guide the GAL along the way. Ms. Booth stated that their goal is to have 250 volunteers in 2012.

According to Leslie Dunn, the attorney with the Indiana Supreme Court who monitors GAL services statewide, the work of a GAL is less legal and more family relationship work. It involves working with the family helping to solve complex family problems and entails a good bit of social work. A good GAL will spend time with typically dysfunctional parents as well as the children. The assignment is not about winning and losing. Rather, the initial part of the task is fact-finding followed by problem solving.

In an interview with Judge David Shaheed of the Marion Superior Court, it was quite clear that the largest unmet need for pro bono legal service in Marion County is in the area of family law. But, is it realistic to expect a real estate development attorney to self educate himself to be able to accept a family law case? Possibly not, but attorneys of any area of practice are qualified to serve as a GAL. In fact, paralegals and staff are also welcomed by the agencies. Both agencies host extensive training programs for their volunteers. The Child Advocates training is a 30 hour program and is offered about 10 times per year. They will agree to hold it at a law firm if that is requested by the firm. Kid’s Voice offers a 6 hour training with their next one beginning on February 20, 2012. They have applied for CLE credit and all new volunteers in both agencies are urged to take the training. No knowledge of family law is needed to qualify.

As we head into the holidays and the New Year, consider making it a New Year’s Resolution for 2012. According to Cindy Booth, there is always a need for committed people who are interested in making a difference. This sentiment was echoed by Ms. Dunn who stated that it is a unique opportunity for an attorney to make an impact. It provides a chance for new lawyers to gain experience and provide a worthwhile service at the same time. Both agencies would welcome your contact. You may call Derelle Watson-Duvall of Kid’s Voice at 558-2870 extension 323 or email Child Advocates at childadvocates.net. Start up the New Year committed to making a difference.•

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  1. This guy sounds like the classic molester/manipulator.

  2. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  3. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  4. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  5. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

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