What happened to protecting children?! It seems like everyday I hear about something new happening to a child across the country, someone goes missing, someone gets abused, someone gets killed... and no one does NOTHING.
This is inexcusable and Im tired of sitting back and doing nothing. There are addresses at the bottom of this, I encourage everyone to write expressing how you feel about this ridiculous "justice system" that we have.
I hope that this little girl receives justice. I stood up for myself to give hope to other children like me, to let them know that silence doesnt solve anything. Well apparently neither does reaching out... My heart is broken :| Anyway, please read...
Protecting India from Sexual Abuse
Chronology of Case#2002-25642
Harris County 311th District Court
Judge Denise Pratt
Please take a moment of your time and review this case about a child victim of sexual abuse
2001 Mar 22 India Cuellar Hubscher born, Brandi Cuellar (mother), Richard Hubscher (father); Parents never Married
2002 May 21 Mother files for child support; Father files for visitation with India; He has never offered support or requested visitation prior to this date
2003 Jan 27 Agreed order signed granting support and visitation
Dec 20 India begins having overnight visitation at father's home
2004 Mar At age 3 India outcries to her maternal grandmother, Jackie Cuellar
2006 April 10 India outcries to her pre-K teacher on feeling uncomfortable having to sleep in bed with her father
July At age 5 India outcries to mother about sleeping in bed with her nude father
2009 Jan 8 At age 7, India outcries to mom about father "letting" her massage his penis; She discloses this has been happening for many years; Mother reports abuse to CPS
Jan 9 Child Protective Services begins investigation; India outcries to case worker; CPS orders mother to modify custody agreement and "be protective of child"
Jan 15 CPS orders forensic interview; India outcries about touching her father Richard's penis; CPS requests that mother seek counseling for India to address the abuse and India's feelings that it is her fault
Jan 20 Mother begins modification process per CPS orders; Judge signs no contact order
Jan 28 Weekly counseling sessions begin with Kathleen Petrak MA LPC Registered Play Therapist
Feb 27 Father's attorney, Cynthia Cameron, requests Heather Hughes to be appointed amicus attorney for the child. Fees of $1,000.00 are assessed to be split by mother and father
Mar 3 Father finally presents himself for interview with CPS; In his interview he states that the mother is "overreacting because the child was curious about his anatomy"
April 21 Child Protective Services concludes their investigation. Ruling: Reason to Believe
Sep 29 Father and his attorney Cynthia Cameron present motions accusing mother of "Parent Alienation Syndrome" and requesting custody of India
Nov 21 Amicus Attorney Heather Hughes insists on visitation between Father and India despite India's expressed fear and anxiety; Heather Hughes supervises visit
Dec 11 Father's new attorney John Van Ness resets previously denied motion for mental examination of mother; This motion was repeatedly filed and passed causing mom's attorney Bucky Allshouse to make frequent trips to courthouse exhausting $25,000 retainer in 9 months leaving mother without funds for representation
Dec 16 Father files contempt charges against mother for taking India to counseling with Kathy Petrak requesting mother be jailed.
2010 Jan 4 At hearing mother is told by Bucky Allshouse contempt charges dismissed if she agrees to sign order allowing psychologist Jean Guez to evaluate and make decisions about visitation; mother consented under duress
Jan 26 First session with Dr. Guez: Mother expressed how fearful India is about visiting with father, Dr. Guez responded "Why should she be scared? She touched him."; India tells Dr. Guez she does not want visits with father because of abuse; Dr. Guez insists on visitation
Feb 25 Mother's attorney Bucky Allshouse withdraws from case b/c of mother's inability to pay additional $15,000; Thomas Burton with Justice for Children signs on pro bono as attorney of record for mother
Visitations between Father and India begin in Dr. Guez's office with Kathy Petrak and Heather Hughes present; India is not permitted to confront father about the abuse
Aug 14 With no therapeutic progress, Dr. Guez moves visits to non-therapeutic setting with David Tristan as supervisor who allows father to chase India crying and screaming through play tunnel at Children's Museum as reported to security by patrons
India's negative reaction to visits increase in severity, she begins covering her face with her hair, her entire body with clothing, and coat despite summer temperature. She refuses to remove hood, communicate, participate in activities eat or drink
2011 Jan 24 India makes comments about plans to run away from home or commit suicide if forced to visit with father again; India admitted into Intracare Hospital for treatment
Jan 31 India discharged from Intracare Hospital; Dr. Guez insists that visits continue; Guardians of Hope supervised visit program is used to facilitate instead of David Tristan for India's comfort
May 17 Judge Pratt grants Heather Hughes $40,000 in fees to be spit 50/50; To this date Ms. Hughes has met with India approximately 7 times, 4 of which were visitations with father
June 15 After 6 visits, Guardians of Hope withdraws their services stating that the visits are causing India too much emotional harm; Dr. Guez insists that visits continue and Safe Program is used to facilitate visitation
Aug 11 After 1 month Safe Program refuses to provide visitation until court review, also citing that the visits are causing India high stress and anxiety as well as father's behavior on visits; Dr. Guez again insists that visits continue recommending David Tristan as supervisor despite India's expressed discomfort with David Tristan
Sep 1 It is discovered that David Tristan was employed by SAFE Program however he was fired for stealing money in February 2011; Also against SAFE policy he had been moonlighting for Jean Guez for the purpose of this case charging double the fees of the SAFE Program
Sep 8 Mother requests hearing to address visitation concerns; testimony by concerned supervisors not heard b/c hearing was denied by Judge Pratt
Sep 16 Dr. Guez insists visitation continue with father's preferred supervisor David Tristan instead of Angel House supervised visitation program who was available and willing to provided services for the comfort of the child
Since the age of three India had been sexually abused by her father. At the age of seven she had the courage to come forward and make an outcry to Child Protective Services anticipating that she would be protected. Unfortunately, through legal tactics, her father Richard Hubscher has been able to prevent her protection. His attorneys cleverly divert the focus away from the allegations of sexual abuse, and have exploited the new legal defense used by pedophiles "Parent Alienation Syndrome." The father's attorney who purportedly has connections at the Harris County District Attorney's office has succeeded in having the criminal case against Richard Hubscher "No Billed." They cite that it cannot be proven that her father was having her touch his penis "with the intent to arouse and gratify." The focus of this case has never been on "the best interest of India" because the father's attorney's, psychologist and amicus attorney have much to gain financially by keeping the focus on the best interest of this perpetrating father.
Please write to the following people and demand justice for India/Cause #2002-25642 Facebook Page: In Defense of India
Office of The Governor Rick Perry: PO Box 12428, Austin, TX 78711-2428
District Attorney Pat Lykos: 1201 Franklin Ste. 600, Houston, TX 77002
Child Protective Services: PO Box 149030, Austin, TX 78714-9030