The Guardian (2001) s01e15 Episode Script

In Loco Parentis

[Indistinct chattering.]
[Telephones ringing.]
Man: Legal services of Pittsburgh.
Ok.
So, Melinda The, uh, the petition-- Melinda? What? The petition hearing is gonna be tomorrow in front of judge damsen.
Uh, your caseworker will testify about the drug rehab program and the status of your 2 boys.
Yeah.
Ok.
And then you're gonna be given the chance to speak, or you can have me do your speaking for you.
Which would you prefer? Melinda.
What did you say? Are you high? What? You're high.
I'm not.
Melinda-- I'm not high.
Melinda, tomorrow is your one chance now.
It's your only chance to get your baby girl back.
I am not high, and I'd appreciate you not suspecting me.
Your baby girl-- tassy.
Was born addicted to crack cocaine.
She was under 5 pounds.
The hospital kept her on life-support for 3 weeks, and they picked up the tab, and it was all because you couldn't stop smoking crack during your pregnancy.
Don't you judge me, lady.
You know what? I, uh We're done.
I I can't deal with you in this state.
You don't even know what you're talking about! I don't use crack no more! Oh, come on.
You're high right now! [Gasps.]
Aah! You bitch, I'm gonna sue you! Get off of me! Let go! Let go of her! Let go--Lulu, Lulu! Lulu! Get out! What the hell's going on in here? She hit me.
Who? The unrepentant crack whore you gave me.
Lulu-- Lulu: Alvin, she came in here high on drugs.
What do you want from me? She's your client.
Oh, I'm supposed to go to court and argue that she's clean when she's clearly stoned? If it's clear to you, it will be clear to the court.
No way.
I won't do it.
We're supposed to represent our clients, not judge them.
[Slams door.]
Fine.
I--I'll do it.
Judge: I am sentencing you to 1,500 hours of community service using your skills as a corporate attorney to work as a child advocate.
I got 2 boys.
Right.
Deshawn and lamont.
How old are they? I have 2 boys.
And your baby girl Tassy.
She's 5 months.
You know, she's supposed to help me? Who? That lady lawyer.
You have a custody hearing tomorrow morning at 10 A.
M.
Will you be there? [Whispers.]
Yeah.
Miss tralins? What? Take this.
What does she want? She wants her baby back.
She can't even put a coherent sentence together.
We're not drug counselors, miss archer.
Besides, her drug tests were negative.
What about her other 2 boys? I don't understand why they're still with this woman.
Her baby was born addicted to crack.
That's why it was taken away from her.
Otherwise, she never hurt her other children.
Sometimes, I hate this job.
What are you gonna tell the court? [Door slams.]
Well, there's not been any finding of abuse or neglect against her.
I would, uh I would emphasize that she's been through rehab, that the drug tests were negative, and, hopefully, that the baby's healthy.
You know what? If you put that baby back into her care-- just--do you think we should drop the case? We can't do that, Mr.
fallin.
She's our responsibility.
Burton: Thank you very much.
Nicholas.
I've got a case in front of judge manders Thursday afternoon.
I'd like for you to fill in for me, if you can.
Ok.
Also, uh I need a little favor.
Sure.
I'm gonna need a ride early Wednesday morning.
Cadillac in the shop? No.
I gotta go in for a little surgery.
What kind of surgery? Oh, it's something with my damn eyes, but, uh, I will need a ride afterwards.
Ok? Yeah.
Oh, yeah, sure.
Um, I got my girlfriend Amy pregnant last year, and, um, I told my parents, and, uh, they totally supported me, you know? They were there for me 100%.
Um, we told Amy's parents, and they got pretty embarrassed, so, behind everybody else's back, they--they took her to the hope house so no one would know, and, um, by the time she'd gotten back, they'd given our baby Mary away to another couple.
Signed away her rights.
And now my baby girl is living with some doctor and his wife in fox chapel.
What brings you here, Mr.
wooley? Oh, see, the thing is is that everybody was telling me that I didn't have any rights or nothin', you know, 'cause I'm 17-- about Mary.
But I got to thinkin'.
So I went to the library, and, uh, I looked up some of the rules and stuff.
You want this child? Oh, yes.
Of course.
The only thing is is that nobody asked my consent or anything, you know? Before the other couple took the baby.
No one contacted you? No.
You didn't sign any consent forms? No.
Did the adoption agency ever contact you? And you didn't contact them? No.
I, uh, didn't wanna cause any more problems than there already were, you know? There were already so many I don't know, man.
I guess Amy's family really wanted to place my baby with the other family.
Ok.
You have legal rights as a parent.
The adoption agency had a duty to seek your consent.
They should have met with you in person and discussed your options.
So, what does that mean? Do I get Mary back? You feel like you're ready to have a child, Todd? Oh, absolutely.
Totally, man.
I just, you know.
You know, and I know I'm still young and everything, I'm still in school, but as long as I can keep a roof over her head and give her clothes and food, she should be with me.
She's my baby.
Man: Case number d0236-- tralins, your honor.
Who represents the baby? Kate Shaw from the children's project representing tassy tralins.
Nicholas fallin from legal services of Pittsburgh representing Melinda tralins, the mother.
Where's your client, Mr.
fallin? She's not here yet, your honor.
She's getting high.
Let's move on.
I'm here! I'm here.
Then let us proceed.
Your recommendation, miss Greene? The department's recommendation is that the baby should be reunited with her mother.
Miss Shaw? Your honor, tassy tralins should not be returned to her mother's care.
Miss tralins has a protracted history of substance abuse and an equally long record of noncompliance with rehabilitation.
She has completed her rehab, and records state that she has raised her boys without incident, your honor.
She's also fulfilled the obligations of her probation and completed her drug counseling.
Miss tralins? Yeah? Do you feel prepared to have your daughter back? Yeah, I do.
Miss Greene? Your honor.
When did you last visit miss tralins' apartment? Last week, your honor.
And what condition did you find it in? It was sub-standard, but it was certainly not unlivable.
And has miss tralins kept up her appointments with her baby? Yes, your honor.
And completed her outpatient treatment program? Uh, just last week, your honor.
And you are standing by your recommendation, miss Greene? The department's recommendation is that the baby should be reunited with her mother.
Your honor, the baby should remain in the custody of social services.
Allow supervised visitation until we can be certain that she's not gonna go back to her old habits.
I will return tassy tralins back into the care of her mother.
The child will, however, remain a dependant, and social services will have an ongoing obligation to monitor the children once a month.
Miss tralins, I'm giving you a second chance.
Keep off the drugs.
I don't want to see you in my courtroom again.
Excuse me, judge damsen? A question for you.
How is it possible that a baby born addicted to crack can be given back to its mother 5 months later? Are you trying to talk to me about a pending case, miss archer? Well, no.
I mean, I'm not naming names.
I'm just asking.
If a mother passes her drug screen and taken care of other children without incident.
Ok, that I understand, but still-- Lulu.
The standard is high, miss archer.
It should be difficult to remove a child from its home.
Ok, what if the mother does drugs again? Lulu, I--I think that's enough.
I think that's a valid question.
What if the mother does drugs again? When someone proves that, the court will take a stronger stance.
You remember that baby? On October 6 of last year, Amy garner signed a document granting custody to your adoption agency and allowing you permission to seek adoptive parents.
Right.
You gave that baby to this couple, despite the fact you did not have permission from the baby's father.
No, we had his permission.
What'd he sign? We contacted him.
He didn't respond.
Then show me proof of service and make this case go away.
You cut corners.
You didn't take the basic steps in covering an adoption.
And now I have a 17-year-old boy who is planning to create a world of problems.
That boy never said he wanted-- I'm not talking about the boy.
I'm talking about the couple who adopted this child, who have been taking care of her for the last few months.
See, and now it's my job To go in there with the law on my side and take that baby away.
Mr.
Masterson? Yes? I need you to sign off on these home study reports.
There you go.
Doris, you have a second? Sure.
Come here.
I-I'm just curious.
About? How can you be so certain that Melinda tralins is--is ready to have her baby back? She passed her drug screens.
She went to her parenting classes.
And when you went to her apartment, you didn't see any signs of her using drugs? Well, I didn't actually go into her apartment.
You didn't? No.
I mean, I went over there.
I spoke to her in the hallway, but I didn't go in.
Well, why not? I saw a rat.
Ok.
Well, uh Yeah, I guess that would stop me from going inside, too.
I shouldn't have told you that.
No.
No.
We're all on the same team, Doris.
Don't tell Laurie, ok? No.
Fine.
What's going on? Uh, Doris didn't set foot in Melinda tralins' apartment when she did her home visit.
What? She saw a rat.
It says tower 3, apartment 421.
Well, do you have any idea where we are? Well, nothing's marked.
Are you sure this is tower 3? Oh, right here.
421.
[Knocks on door.]
Hello? Melinda? Who are you? Hi, you must be lamont.
I'm Deshawn.
Oh, sorry, Deshawn.
How ya doin'? Who are you? My name is Louisa archer.
I'm one of your mother's lawyers.
[Baby crying.]
She ain't here.
Shut up, baby! Do you know where she is? The baby's here? Yeah.
Well, where's your brother? Look, lady.
I'm watching TV.
If you want my mom, come back later.
Can we just wait a few moments? If you gotta.
[Baby crying louder.]
[TV playing indistinctly.]
When's your--when did your mom leave? I don't know.
[Crying.]
Hi.
Oh, ok.
Oh.
Oh.
Oh.
I got ya.
Lulu? Yeah? All right, you just stay with the kids.
I'm gonna go look for Melinda.
Ok.
Ok.
Excuse me? Excuse me, I'm looking for Melinda tralins.
Mm-mmm.
Mm-mmm.
I ain't seen nobody.
[Chattering indistinctly.]
[Indistinct chattering.]
Melinda.
Melinda? Melinda? Melinda, wake up.
What? Wake up.
You left your baby in the apartment with your son.
Go away.
Melinda, you left your baby alone in the apartment.
Go away! Shh! Go away.
Nick: We, uh, went to her home yesterday.
Did she ask you to? No, we--we stopped by.
Why? Because Doris never bothered to check out the inside of the apartment.
Is that true, Doris? I saw a rat.
A rat.
Mm-hmm.
Why are you telling me this? I'm afraid Melinda's neglect of her child could cause bodily harm.
We had to leave the kids with the neighbors.
We'll go out there.
Well, we're gonna come along, too, in case our client needs us.
All right.
This hearing is to determine whether the spanners have a right to contest Mr.
wooley's petition to vacate the adoption and termination decrees.
Regardless of any misunderstanding that may have occurred with our agency, the spanners have gained in loco parentis standing by serving as substitute parents for Mary-- housing her, clothing her, feeding her, and loving her.
Substitute parent status may not be gained in defiance of the birth parent's natural right to his child.
My client never gave consent to anyone being Mary's substitute parent.
Your client may not have given his consent, Mr.
mooney, but the mother of this child did.
I will agree that the spanners have a vested interest in this child.
The standard is well established, your honor.
It requires both parents' consent in an adoption.
We'll discuss this in the hearing, Mr.
mooney.
Next case.
So, do I get Mary back? Not today.
But the court is taking your claim seriously.
Um, well, what does that mean? It just means that there's gonna be another hearing.
You get to tell your side.
That's great, James, man.
Thank you so much.
Seriously, I'm so psyched.
I can't wait to tell my parents.
Thanks.
This, uh, surgery you're having Yeah? It's no big deal, right? No.
Is this the first operation you've had? No.
Well, how many have you had? I've had a few.
What, several? Now, what is is something with the optic nerve, like glaucoma or cataracts or something of that sort, but, uh You're not at risk? Uh-uh.
I don't think so.
In fact, this new thing is supposed to make all the difference in the world.
Ok.
Tomorrow morning, Oh, Nicholas, let's, uh-- I'd appreciate it if we just keep this between the two of us, all right? Miss tralins? Miss tralins? Hi, miss Greene.
Hi, Melinda.
This is my boss, and we're just here to see how you're doin'.
I'm fine.
I'm Laurie.
May we come in? Of course.
Lamont, Deshawn, say hello to miss Greene and miss Solt.
How's tassy? She's sleeping in the bedroom.
May I take a look? Well, she's a light sleeper.
I'll just peek.
You know, you want, you can wait until she wakes up.
But she only fell asleep a minute ago.
Mama, can we go get a hamburger? Just a minute.
We're hungry.
Well, good luck, Melinda.
We'll see you soon.
I'll catch up.
We both know what happened.
Yeah.
And it won't happen again.
Mama, I'm hungry.
You think I got money to go to McDonald's, boy? Get your boys some food.
Lulu: It was different yesterday.
I'm not saying I don't believe you, miss archer.
Well, are you gonna remove those kids, or Based on what we just saw? No, I'm not.
Now where's she going? She's gonna spend 40 bucks.
Melinda.
[Gasps.]
Melinda.
They're not takin' my babies away from me! Melinda, just open up.
Open the door! No! Just open it! No! She's locked herself inside.
Ohh.
Melinda? [Knocks on door.]
Melinda? Open up.
It's Doris.
I don't care who it is! Get away from here! Doris, all we can do now is call and get a court order.
Nick: Ok.
[Door unlatches.]
[Door locks.]
Mama says not to come in there.
Mama says she's got a gun.
She's gonna kill tassy and herself.
That's what mama says.
[Radio chatter.]
Miss tralins.
It's Nicholas fallin, your attorney.
Miss tralins.
Miss tralins, can you hear me? No one wants any trouble.
If you come out, we can just talk this through.
Yeah, right! You the one that got me into this! So, you better take yourself and all them government people with you, or I'm gettin' my gun.
I'm not playin' with you.
Hey, kid.
Does your mom have a gun? Yes.
All right, everyone.
We need to clear the premises.
This is a hostage situation-- it's not a hostage, it's her child.
There's a child, a weapon, and an uncooperative subject in control of the premises.
Now, does she trust any of you? Uh, I'm her social worker.
Ok, you stay.
If Doris stays, I stay, too.
All right, the rest of you leave a number where you can be contacted, and then please, clear the floor.
Ok, let's go.
Let's go.
Where are we going? We're gonna take you to our office.
I thought we were gonna go to McDonald's? Yeah, wherever you wanna go, we'll go.
Officer? My name's Corey Lee.
I'm a hostage negotiator.
I'll be taking over from here.
Ok.
Who's the one with the personal relationship with the woman in there? Um Your name? Doris Greene.
Miss Greene.
Would you be willing to speak with miss tralins on the phone? Yeah.
We just want her talking.
Keep her thinking about herself, her life, her family.
If it becomes uncomfortable, you can hand these back to me.
Do you think you can do this? Mm-hmm.
This is a direct line.
I'm gonna be listening in.
If I think you're getting into a situation where this could escalate, I'm going to cut you off.
[Line ringing.]
Melinda? Hi, it's Doris Greene.
Why don't you people go home and leave me alone? Melinda, we're very worried about you, and we're worried about tassy.
You call the police? Yes, I did.
Bitch.
Melinda, please don't say that.
What? Bitch? Yes.
Well, you are.
You're a white bitch.
[Dial tone sounds.]
[Sighs.]
[Sighs.]
Corey: Are you ok? Uh, yeah.
Heh.
Uh, you know, I think that you should see if there's any relatives we can put them with, and I'm gonna call over to social services and see if they have any beds at the shelter tonight.
That's a good idea.
I gotta use the bathroom.
That's yours.
Right.
Come on, hon.
I'll take you.
I'll take care of this.
She your wife? No.
All the white people on TV are married.
Not all of them.
All the old people.
Ok, watch it.
You think she's pretty, though.
Wh-why don't we talk about you, Deshawn? Do you have any relatives I can call? You think she's pretty.
I can tell.
That's why you change the subject.
Deshawn, I need to put you with a relative.
Can--can I call your father? No.
Do you know where he is? Mama says he's in California.
But he's really some guy who paid her for-- ok.
Um, what about grandparents? Aunts or uncles? You got a TV? Deshawn, you have to stay somewhere tonight.
If you don't give me the name of a relative, it's gonna be in a shelter.
[Sighs.]
I got a Uncle Harper.
And a aunt, but who ain't really my aunt.
Martinella.
She does my mom's hair.
Ok.
Do you know how I can get in contact with them? Nope.
Ok.
So, no luck.
I just called social services, and they don't have any beds until tomorrow.
Oh, great.
Ok.
So, we got 'em for the night.
Yeah.
Till tomorrow morning.
He thinks you're pretty.
I'm gonna go and look for some blankets.
[Indistinct chattering.]
Are you ready to try it again? Mm-hmm.
[Line ringing.]
What do you want? It's just tassy.
We want to make sure that she's ok.
She's ok.
I tell you that already.
Melinda, it would mean a lot to me if I could just say hi to tassy.
I would like to just come in there and say hi.
[Disconnects call.]
[Sighs.]
Nick: It is-- it is our job to represent her.
I know what my job is, but still-- no.
No.
It is our job.
It is our responsibility.
You can't walk into the court and announce that, you know, you suspect that your client is using drugs.
Ok, you know, maybe you're right.
But maybe because you don't really want to do this, you're able to remove yourself and have this kind of objectivity, because I'm having a tough time here.
You know, I--I actually do wish that I could be like you sometimes.
Like me? Yeah, you know.
They way you are.
Just automatic.
That's how you think I am? That's how I know you are.
I've been around you long enough.
You're teflon man.
See? This is exactly what I'm talking about.
Now, I just insulted you, and you just shrug.
You sort of move through space, and nothing touches you.
I can't do that.
I'm just not that way.
I get very attached to things, and And everything breaks my heart.
I-I'm always picking up stray animals, and--and people and things.
And you should see my house.
My house is filled with crap that I've had since grade school.
And I-I'll bet that your house is spotless.
Hmm? I mean, if you even have a house.
If you even sleep.
Why are you so angry with me? I'm not angry.
I have a house, ok? I have a home.
And I--and I keep things.
And I care about people.
Who? What have I done to you? If--if you're unhappy with your choices, then--then that is your responsibility.
No, I'm actually very interested.
Who is it that you care about? You know, I, uh You don't know me.
You don't who I am.
I can't--I can't see the people at the moment that-- what? Why--why not? 'Cause my life has changed.
I have tendencies that I--that I need to control.
You still haven't answered my question.
I'm not going to.
Ok.
These 2 are really sweet, huh? Yeah.
Their whole life is just What? It sucks.
Their mother sucks.
They live in a hellhole.
They're probably not gonna finish school.
You don't know that.
Chances aren't great.
No.
But tonight, they're with us.
I mean, it's kinda like they belong to us.
They do belong to us.
They're our responsibility.
Yeah.
There it is.
That's it.
That's why you do this.
Yeah.
I guess.
[Sighs.]
No, wait.
Just be quiet for a minute.
No-- I--really.
I want to tell you something.
I have a boyfriend.
His name is Brian, and, um, he was my best friend in college, and we've been dating since we graduated.
He's a great guy.
I really love him.
You know, my parents are already calling him their son-in-law and all that.
Yeah.
Brian doesn't look at me the way you look at me.
I'm gonna get some sleep.
[Door opens.]
[Door closes.]
[Indistinct chattering.]
Mark, this is Lee.
The subject has broken off dialogue and is brandishing a weapon.
Do you have a clear sight line? Mark: Roger, that's affirmative.
Ok, I want you ready to de-escalate.
What does that mean? Ladies, thank you very much for your help.
Officer stimpson, will you please show them out? What are you gonna do? You're gonna have to leave the premises, ma'am.
I'm not leaving.
Melinda, pick up the phone.
Melinda, please pick up the phone.
Lulu.
Lulu.
Deshawn is missing.
Deshawn! [Radio chatter.]
Laurie: Miss tralins! Melinda, can you hear me? Pick up the phone! Melinda, for God sakes, pick up the phone! Mommy, mommy! Don't shoot my mommy! Don't you hurt that kid! Your son is here.
Lamont loves you, Deshawn loves you, tassy loves you.
You just come to the phone! Melinda, for God sakes! Please, Melinda, please pick up the phone! [Indistinct shouting.]
Get down, get down, get down! Melinda: Aah! Let me go! Let me go! No, please leave us alone! No! Get off of me! Laurie, we-- Laurie: The baby's dead.
She's cold.
Did they shoot my mama? No, of course not.
But that baby's dead, right? Yes.
I didn't kill that baby.
If that's what my mama says, I didn't kill it.
What? Lamont.
LamontDo you know what happened? You can tell me, you know.
The baby was crying so long when my mama was away.
The baby was real hungry.
We looked around, couldn't find nothing to feed it, so I gave it a jaw breaker.
A jaw breaker? A jaw breaker I got from Halloween.
I gave one to that baby for it to eat.
And you put it in the baby's mouth? The baby sucked on it for a long time, then got quiet.
When my mama comes home, she walks in real tired, goes to check on the baby.
When she comes out, she hits me in the head, tells me I hurt it.
Then she goes out again.
She's supposed to feed it, not me.
What's gonna happen now? Social services will, uh, find you a place to live for a while.
They'll keep us together, right? Yeah.
I'll make sure.
Oh, my God! Oh, my God! Nick, I just-- I don't--I don't-- I don't think I can do this anymore.
If I can do this, you can do this.
You have to do it.
You have to do this.
It's different for me.
I'm here by choice.
Alicia: Dr.
spanner, how long has Mary been with you? We adopted her 6 months ago.
These are the forms and documents that prove a legal adoption took place Did the biological father of your daughter ever present himself to you during the adoption proceedings? No.
In fact, we've only just met this week.
Do you know who renders financial support for Mary? James: Objection, your honor.
Dr.
spanner's financial relationship to Mary has nothing to do with the legal determination of this case.
His ability to care for Mary is the most important aspect of this case.
No, the only thing that matters is whether Todd had adequate notice, and if he gave his consent to this adoption.
Sustained.
Dr.
spanner, do you spend much time with Mary? Objection! Your honor, relevance.
Overruled.
You may answer the question, Dr.
spanner.
We spend all of our time with her.
I've even cut back on my work hours.
Every night, we--we feed her, we sleep close to her, we wake up with her, we burp her and bathe her, walk with her.
How do you refer to Mary when you speak to her or of her? I refer to her as my daughter.
No further questions.
Dr.
spanner, did you know that The child's father did not give permission to hope house to give Mary up for adoption? No.
If you had been aware that my client did not want to give his child up, would you have continued with the adoption proceedings? No.
No further questions.
[Indistinct chattering.]
Damn it.
Excuse me.
Dad.
You know, I've been sitting here more than an hour.
Yeah, I, uh-- there was a situation.
I, uhI got held up.
Mmm.
Just take me back to the-- to my office.
Well, shouldn't you be going home? No, just take me to the office.
Ok.
Ooh.
Can't see a damn thing.
Here.
How did the procedure go? [Exhales.]
I don't, um I don't like asking you to do things for me.
So, uh, did the operation work? I don't know.
Watch your step.
No, I got it.
Here.
I'm all right.
Every time I come out here, they tell me they're doing something to stop whatever it is happening to my eyes, but I I can't tell any difference.
Just watch it.
[Exhales deeply.]
What am I gonna do if I can't see? Mind your head, mind your head.
What the hell am I gonna do? Mr.
wooley, if I were to grant custody of Mary to you now, I would not be convinced that you would remain faithful to your decision to have her as your child, since you were not faithful to your original decision to step back from your parental duties.
But--but you honor-- Mary spanner will remain in the custody of the spanners.
It will be up to the spanners to decide what type of relationship, if any, Mr.
wooley has to the child.
[Indistinct chattering.]
Just--just give me a minute.
Judge damsen May I have a word? What is it? Uh, we spoke with Melinda tralins' boys.
The--the younger one admitted to giving the child a piece of hard candy when Melinda was away.
The child choked to death? It'll be revealed in tomorrow's autopsy report.
I justWanted you to know now.
Why? Well, I guess, uh I justThought that you should know.
[Sighs.]
In every case, I hope I make the right decision.
I understand.
Melinda tralins may not have killed that baby with her own hands, but her neglect created the circumstances, and I gave her that opportunity for the neglect.
I did that And now that child is dead.
That child is dead.
[Door closes.]

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