1 ARTHUR J. LaCILENTO, ESQ.

LAW OFFICES OF ARTHUR J. LaCILENTO

2 801 EAST CHAPMAN AVENUE, SUITE 211
FULLERTON, CALIFORNIA 92831
3 STATE BAR No. 166812
TELEPHONE No. 714-526-0450
4 FACSIMILE No. 714-526-5685

5 Attorney for Mother, LEAH ARNOLD

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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SAN DIEGO
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10 In re the Matter of: ) Case No. EJ3500A

)
11 NOAH ARNOLD, ) DECLARATION OF
KAYA ARNOLD, ) LEAH ARNOLD
12 ) RE: RELIEF UNDER
Minors. ) WELFARE & INSTITUTIONS
13 ) CODE § 388
)
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I, LEAH ARNOLD, am the Mother of the aforementioned minors, Noah Arnold and Kaya
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Arnold. I declare that if called to testify in the above entitled matter, I could and would testify
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competently from my own personal knowledge as follows:
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1. I am filing this Motion pursuant to Welfare and Institutions Code Section 388 because there
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has been a material Changes of Circumstance and New Evidence since the last court hearing.
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This motion, I believe, is in the best interests of my children.
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2. It is in the best interest of my children to be placed in a safe environment with me forthwith,
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or in the alternative, with their maternal grandmother, Dorothy Lipscomb who has been
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granted De Facto Parent Status in these proceedings.
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E-1. On September 16, 2013, I submitted to a polygraph examination by an expert recognized by
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the Los Angles Superior Court as an expert in polygraph testing, Louis Rovner, Ph.D. I
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successfully passed the polygraph test with a +6 score. It was Dr. Rovner’s professional
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28 MEMORANDUM OF POINTS & AUTHORITIES

 1 opinion that I was telling the truth when I answered relevant questions about this case.
2 Please see Rovner & Assoicates Polygraph Test Report attached hereto as Exhibit “A” and
3 Louis Rovner’s Curriculum Vitae attached hereto as Exhibit “B”.
4 E-2. On or about September 3, 2013, Social Services abused their discretion by placing both
5 children with the Father despite the fact there are substantiated findings by this court
6 that the Father sexually and physically abused our daughter and that her mental health
7 was unstable after a conjoint therapy sessions with the father. I believe that my
8 daughter’s current traumatized state, as evidenced in my daughter’s therapist’s, Irene Weiss,
9 recommendations, has been exacerbated due to the Social Worker’s disregard for my
10 daughter’s safety and placement with her father who sexually abused her at the age of 2.
11 E-3. Social Services is now recommending terminating the therapist-patient relationship between
12 Irene Weiss and our daughter. Ms. Weiss conducts individual counseling with Kaya and also
13 conducted conjoint sessions between our daughter and her father. Our daughter has
14 established a level of trust with Ms. Weiss and she has been a constant person in Kaya’s life.
15 Ms. Weiss has been treating and working with Kaya to deal with her feelings. I would be
16 detrimental to Kaya’s mental health to allow Social Services the discretion to terminate
17 Kaya’s counseling and treatment with Ms. Weiss. I do not believe that Kaya’s best interest
18 are being considered by Social Services in regards to this matter. Ms. Weiss has provided
19 her professional opinion and recommendations to this court. Despite her recommendations
20 for termination of conjoint therapy for the Father and supervised visits for the father, Social
21 Services placed Kaya in her Father’s care. Please see a relevant synopsis of Ms. Weiss’s
22 recommendations as reported in the June 4, 2013, Addendum Report attached here to as
23 Exhibit “C”.
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 1 E-4. On or about September 1, 2013, during my visit with Noah, I noticed marks around his neck.
2 Noah disclosed to me that his Dad had put his hands around is neck. Noah wrapped his own
3 hands around his neck demonstrating how his dad strangles him. I took him to Sharp
4 Grossmont Hospital Emergency and I telephoned the police. Noah disclosed to the treating
5 physician that his father choked him and jumped on him causing discomfort and that
6 his father’s intent was to harm him. The treating physician contacted CPS. Please see ED
7 Notes from Sharp Grossmont Hospital dated 09/01/2013 attached hereto as Exhibit “D”.
8 E-5. On or about September 2, 2013, when Noah was changing clothes, he informed me that his
9 “butt hurt”. He was obviously in pain. I inspected the area and it was very red, swollen and
10 irritated. He informed me that, “Daddy puts lotion on it”. Noah also informed me that he
11 experienced frequent bed wetting, flatulence and loss of control over his bowels. I proceeded
12 to take Noah to Rady’s Children’s emergency room. The treating physician took
13 photographs, called the police and the hospital Social Worker. The treating doctor strongly
14 encouraged the Social Worker and officer to order a forensic interview and SART.
15 Additional pictures were taken and I was given a card to call Chadwick the next morning.
16 The doctor was pleased that the Social Worker felt a forensic interview and SART was
17 necessary.
18 E-6. As instructed, on September 3, 2013, I took Noah to Chadwick for his physical exam. Noah
19 was asked some questions, but then Social Worker, Melinda Meeken arrived and adjourned
20 to another room with the staff member for about 45 minutes. Upon her return, she told me
21 that it was a “Court Order” that Noah must be returned to his father, and said, “Let’s go
22 Noah”. Noah was devastated. We went to my car to get his blanket. Ms. Meeken refused to
23 allow the Forensic Interview and removed the child from Chadwick before he was able to
24 complete the interview and was promptly returned to his father’s care despite the referral
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 1 E-7. Social Worker Melinda Meekan then removed my daughter Kaya from her day care and
2 advised me that she would not be returning home with me and that my trial visit had ended.
3 I wrongfully lost my unsupervised 60-day trial visit with Kaya and my unsupervised 2 and
4 3 day unsupervised visits, including overnights, with Noah. Both children are now placed
5 with their father.
6 E-8. Social Services has substantially limited my contact with my children for only about 2 hours
7 per week. Both children have been with the father and the paternal grandparents who do not
8 believe that the father abused either of the children since September 3, 2013. Further, Social
9 Services was approving a 29 day trip with the Father to Michigan without a Court Order.
10 E-9. I truly believe that Social Service’s discretion in regards to both of our children’s safety, est
11 interests, and desire to reunite with me, are not being considered. Certain decisions being
12 made by Social Services regarding our children and protracted reunification plan confirm a
13 bias in favor of the father which has been consistent throughout these proceedings.
14 E-10. I have satisfied all requirements of my case plan, including but not limited, a residential
15 treatment program in August 2013, abstaining from all illegal substances; two parenting
16 classes; job search seminar; and individual therapy once weekly. I have a safe, stable home
17 for my children. I have established a program of recovery outside the residential treatment
18 program and have attended a 6-month after care program. I attend meetings and have made
19 friends in recovery. Please see letter an d certificates of completion attached hereto as
20 Exhibit “E”.
21 E-11. I will do what ever this Court and Social Services requires to keep Noah and Kaya in a safe
22 home. Both children are currently being negatively effected by their current placement.
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 1 3. I respectfully request the court to grant my request to change the court order as I have
2 actively participated in Noah’s and Kaya’s lives and have a very strong bond with them. I will
3 continue to act in the best interest of my children and comply with this Court’s orders to ensure a
4 safe, stable home for them. I love my children very much and they should be in a safe and loving
5 home.
6 I declare under penalty of perjury under the laws of the state of California that the forgoing
7 is true and correct to the best of my knowledge.
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9 Dated: September 23, 2013

Petitioner and Mother, Leah Arnold
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