Letting Go (Healing Hearts) (22 page)

Going out of the room, he glanced over his shoulder and saw them staring each other down. Not good.

He went into the kitchen and returned as quickly as he could with three glasses of iced water with lemon. From the way they watched him approach, it was obvious that he’d been the topic of their discussion.

“Here you go, ladies.”

Diane peered at Joleen. “What brings you here on such short notice?”

“I told you. I needed to ask Dave a few questions before our next hearing. I was close by, so I stopped over.” Joleen smiled at him. “He’s been very informative.”

Diane’s smile wavered. She glared at Dave.

“Tell me you didn’t say anything to her before I got here.”

He shrugged. “Not much.”

She ran her fingers through her hair and sighed. “Remember when I told you not to say a word? Never ever talk to anyone about this case without me present, especially not to one of the attorneys involved. This is very, very important.”

He folded his arms over his chest. “I don’t think I said anything that would be a problem.”

She raised her brows. “Did she ask how you felt about Joey’s caseworker?”

He glanced at Joleen, who smirked. “Why? Is that a problem?”

“It depends on what you said.” Diane stared at Dave with apparent disbelief. “You didn’t say anything negative about her, did you?”

“I told her I thought Mrs. Vela had something against me and that she was screwing up Joey’s life. You’ve seen her in action, Diane. She’s a real witch.”

Diane let out a low groan. “Can we talk alone?”

“Sure.” He glanced at Joleen. “Why don’t you go check on Joey. See if he’s still sleeping, okay?”

Joleen rose from the couch, smoothing her skirt. “Sure, Davey. I have to see him awake as part of my home visit, anyway. Be back in a few minutes.”

The second Joleen disappeared from sight Diane raised her hands and ground out, “What were you thinking? You should never tell an opposing attorney stuff like that. She’ll rip you to shreds on the witness stand. Never ever talk to her again without me present. You got that?”

His neck heated. “I heard you,” he snapped. “But I don’t see why you’re worried. Joleen isn’t mean like that.”

“How can you be so sure?”

He studied the carpet. “I’m pretty sure she wouldn’t. But I guess you’re right. I won’t do that again.”

“Good.” Her tone lightened and the lines on her forehead relaxed. She placed her hands on his arms. “I want you to win your case. Joey deserves to have a wonderful father like you. Please, you have to trust me on this.”

He sensed the heat of her gaze and peered up.

Her eyes shone, welling with tears of apparent concern for him and for Joey. Deeply moved, he touched her cheek and leaned closer, fully intending to kiss her.

“Ahh!”

Joey’s piercing scream made him flinch. He ran for the stairs, Diane following close behind. He reached Joey’s room, winded from the quick climb.

“What is it?”

Joleen’s hand trembled as she covered her mouth. She looked close to tears.

“I don’t know what happened. He opened his eyes and completely freaked out.”

Dave glanced at Joey, who wailed and gagged. “Joey, please don’t do that. You don’t have to be afraid. This lady isn’t going to take you for a visit.”

Joey coughed, then stopped and stared at Dave for a few seconds, his expression wary. Heaving a sigh, he popped his thumb back into his mouth. Dave picked him up and held him close.

“This is what he goes through when he thinks he has to go on a visit with his mother. It really scares me.”

Joleen nodded. “I do see your point. You say he does this every time?”

“Unfortunately, yes.”

Seconds later Dave heard a slight giggle erupt from Joey. He had reached over Dave’s shoulder to play with Diane’s hair.

“So sof’.”

Diane smiled. “You like this?”

Joey’s head bounced as he nodded his agreement. Diane stood so close Dave sensed the heat from her skin.

Joleen muttered something unintelligible.

“I like your hair too.” Diane fuzzed Joey’s head.

Joey threw himself into an upright position and commanded, “Me up!” He raised his arms for Diane to take him.

Startled, Dave faced Diane. He couldn’t believe it. Joey wanted Diane to hold him? He never wanted any woman to hold him besides Katia. Joey’s eager acceptance of Diane made Dave’s heart warm.

He released Joey into Diane’s arms. All twenty pounds of him. She kissed the baby hair sticking up on the top of his head.

“My mommy,” he whispered, loud enough for Dave to hear.

Diane’s eyes widened and a gasp escaped her lips.

“Well I’ve been here long enough,” Joleen announced. “I’ll see your little family in court, Dave.” She turned and showed herself out.

She stood taller as she strode past him. Something about her grin gave him the sinking feeling Joleen had something devious planned and that she’d reveal it soon . . . at Joey’s expense.

Chapter 19

J
oey had one more visit from his attorney before the evidentiary hearing. The second visit didn’t go very well either, with Joey wanting to be held by Dave or Diane the entire time. He refused to go anywhere near Joleen, no matter how much Dave encouraged him. If nothing else, Dave figured she’d see how strong willed Joey could be. Fortunately all visits with the birth mother had been suspended until after the placement hearing.

Diane thought it might help if they talked strategy one last time, so they drove to court together. Dave’s neck muscles were taut from worrying when she arrived to pick him up.

“Thanks for coming early.” In spite of his aching muscles, he pulled her into a warm embrace.

She eyed him skeptically. “You look tense.”

“I am.”

“Turn around.”

“Why?”

“Just do it.”

He obeyed. Her strong fingers massaged the knots out of his shoulders and neck.

Little Joey scooted around Dave and wrapped his arms around Diane’s legs, crying, “Mommy! Up!”

With a wistful smile Diane glanced over at Dave. Moisture had collected on her lashes, which she attempted to blink away. She scooped Joey up and carried him to the couch.

Dave watched as Diane kissed Joey’s hair when he snuggled close to her neck. The look of longing in her eyes as she gazed at him melted Dave’s heart.

“I’m sorry if this is hard for you,” he murmured.

She laid her cheek against Joey’s head. “It’s okay.”

“I really hate to tell him to stop. He needs a mom and if calling you mom satisfies that need, I don’t want to ask him to quit. Not unless it really bothers you. Does it?”

“No.” She shook her silky blonde head, a tear rolling down her cheek. “It makes me feel good. I love that Joey sees me as his mother, even if it’s just pretend.” She hugged Joey and kissed his hair one more time.

“I’m glad. You’re such a natural with him.”

He watched her to make sure his comment hadn’t offended. He could see her as Joey’s mother. But could she?

She gave Joey a brief pat on the back. His son snuggled closer, burrowing into her chest. She caught his gaze. The gold flecks in her eyes mesmerized him.

“You’re a wonderful father. That’s why I’m fighting for you. You have to adopt Joey. You really love him, and he knows it.”

“Thanks. I appreciate that.” He tore his gaze from her before he got choked up. “If we don’t head out soon, we won’t have as much time to prepare.”

“Well, I’m ready. Let’s go.” She stood and adjusted Joey in her arms.

Dave grabbed Joey’s diaper bag, swung it over his shoulder, snatched up his car seat, then set the house alarm and locked the front door behind them. He stood still for a moment and admired Diane as she carried Joey on her hip to the car. She had a definite maternal side to her.

Watching her cuddle with Joey and talk softly to him made Dave want to draw her closer to himself—to make her legally Joey’s mother. But he shook off the thought. He had to focus on Joey’s hearing today.

*   *   *

When she and Dave held hands and bowed their heads together in a quick prayer in the courtroom, warmth spread though her. This time she wasn’t mocking his spiritual leadership, but asking for it. How quickly things had changed.

Diane usually asked Rachel when she had questions or when she didn’t understand something the Bible said. But she felt a special intimacy when she talked with Dave about the Lord. Whenever they discussed scriptures their hearts seemed to knit together and their communication deepened in a special way.

Dave concluded the whispered prayer and asked, “What are you thinking?” With their faces mere inches apart, she grinned. “I’ll tell you later.”

“All rise!” the bailiff announced.

Everyone stood. Judge Taraman entered the courtroom and sat.

“You may be seated.”

Diane glanced over at Dave, who closed his eyes and took a deep breath. She touched his arm in reassurance. He responded with a weak smile.

“The court convenes this morning over the matter of physical custody of Little J Dodd. It is the court’s understanding that a mutually satisfactory arrangement could not be reached, thus an evidentiary hearing is required to weigh the facts of the case to determine the ward’s future placement.”

“Correct, Your Honor,” answered the State’s attorney, Steve Chapman.

“Is the State ready to proceed in this matter?”

“We are, Your Honor.”

“For the record, please state your name and role in relation to this hearing, starting on my right.”

After everyone made introductions for the court record, the judge said, “Bring in your first witness.”

“The State calls Mrs. Hortencia Vela to the witness stand.”

The caseworker grunted, puffed, and wheezed on her way to the witness chair. She stood next to the bailiff, who held up his hand.

“Raise your right hand. Do you swear that the testimony you are about to share is the truth?”

“I do,” responded Mrs. Vela.

“You may be seated.”

She eased into the witness chair with a grunt.

“You may proceed,” said the judge.

The State’s attorney nodded. “Thank you, Your Honor. Mrs. Vela, will you please state your full name, your job experience, and your education for the record?”

“My name is Hortencia Vela, and I work for Child Protective Services in Canyon County, for the State of Idaho. I’ve been a social worker for five years.”

“How long have you been working with abused children?”

“Eighteen months.”

“Would you say that you have received sufficient training, education, and practical experience to be able to make appropriate decisions in regards to case planning?”

“Yes, I would. I received my master’s degree in social work from Idaho State University.”

Numerous other questions followed. Finally the State’s attorney said, “So, Mrs. Vela, why do you believe it’s necessary for the child to be removed from his current foster-adopt home?”

Mrs. Vela threw Dave a stern look. “Mr. Passel has been disagreeable to everything. He’s been so uncooperative he even sabotaged visits between the child and his birth mother, making it impossible for her to develop any kind of relationship with her son.”

“Thank you, Mrs. Vela. I have nothing further, Your Honor.”

Judge Taraman turned to Joleen. “You may cross examine the witness.”

“Thank you, Your Honor.” Joleen smiled at Dave, then approached the witness stand.

Diane’s heart sank at the warmth Dave conveyed to Joleen through his eyes. It might just be his way of begging Joleen for help, but she couldn’t help but wonder if he still had feelings for her.

“Mrs. Vela, you said Mr. Passel has been uncooperative with you, correct?”

“Yes, he—”

“Just answer the question with a yes or no. Please don’t interrupt.”

Mrs. Vela nodded, her mouth agape at the unexpected correction.

“Isn’t it true that Mr. Passel notified you every time his foster son was sick in advance, and when you arrived you saw the evidence of the child’s illness?”

“Well, uh . . . yes, I suppose I did.”

“Just answer the question with a yes or no, ma’am.” Joleen twirled her pen between her thumb and index finger. “Now that you’ve established that Mr. Passel has in fact cooperated with you, tell me, to your knowledge has Mr. Passel said anything in front of his foster son to discourage visits? Or has he said anything against you?”

Mrs. Vela’s eyes widened and she scowled. “Not that I’m aware of.”

“Just answer the question with a yes or no, ma’am.” Joleen rolled her eyes and expelled an exasperated sigh. “You
are
capable of following directions, correct?”

Mrs. Vela appeared to shrink down in her seat.

Joleen offered Dave a sly smile. The judge appeared to be doodling on his notepad and didn’t see their exchange.

“Now, isn’t it true that Mr. Passel attempted to help his foster son visit his birth mother by going along and encouraging the child to interact with her?”

“Uh . . . yes,” Mrs. Vela said hoarsely.

Leanne jumped up and swore, yelling at Joleen while pointing at Dave. “Tell them how Jack calls that man his daddy.” Leanne glared. “He is
not
my son’s father.”

The judge hit the gavel on his desk. “Young lady, I will not tolerate outbursts like that in my courtroom again. Do you understand?”

Leanne’s attorney whispered in her ear. She nodded, scowling.

“If you interrupt again, I will cite you for it.”

“She understands, Your Honor.” Her attorney, Mr. Hixon, prodded her to sit.

Leanne pouted and with obvious reluctance mumbled, “Yes, Your Honor.”

“Good.” Judge Taraman smiled at Joleen. “You may proceed.”

“Mrs. Vela, would you answer the question again? I didn’t hear your answer.”

“What was the question?”

The court report pulled the tape from the ticker and read in a monotone voice, “Isn’t it true that Mr. Passel attempted to help his foster son visit his birth mother by going along and encouraging the child to interact with her?”

Joleen stared at Mrs. Vela. “Did you understand the question?”

“Yes.”

“And your answer?”

“Yes, he did.”

“Good.” Joleen angled her head and smiled at Dave briefly.

Diane caught a glimpse of his warm response. Her stomach clenched. Joleen had impressed Dave with her questioning. She vowed that when her turn came Dave would look at her with such fondness.

Joleen approached the bench. “Well, Mrs. Vela, since the child’s mother brought the subject of the child’s father up, let’s discuss that, shall we?”

Diane’s mind whirred. Joleen had been handed a gift when the birth mother had her outburst, and she obviously planned to take full advantage of the disclosure. Diane scribbled furiously on her pad.

Joleen cocked her head in a condescending manner. “Are you aware of the reason the child was placed with Mr. Passel in the first place?”

Diane wrote on her notepad “Abandonment.” She underlined the word twice.

The social worker straightened in her chair, pushing her glasses into place with her finger, and leaned forward. “Yes, because he’s a certified adoptive home.”

Joleen tapped her lip with her pen. “Not the answer I was expecting, but I’ll go with it. What does that mean if you’re a certified adoptive home?”

“Well, the intention is for a child to be placed in a home where he could be adopted in the event he became legally free for adoption.”

“So doesn’t it make sense that the child would call his foster father Daddy?”