Mother gets daughter back from foster care but still battling DHS

Jessica Wilbur is grateful her 5-year-old daughter is back home after the Department of Human Services put her into foster care two weeks ago but her battle isn't over.

Attorney Natalie Cronk told The Gazette a week ago DHS violated the law by placing the child in foster care based on a document signed by the non-custodial father Robert Nino, of Iowa City, a convicted sex offender, after he made false allegations of sexual abuse.

Cronk said Monday after the article ran last Tuesday, DHS suddenly called Wilbur and said the child would be returned to her if she signed a “safety plan,” which assures safety of the child, but it has nothing to do with the abuse allegations.

Nino reported to DHS while Wilbur was out of town that the child had blood in her underwear, Cronk said. According to a doctor's examination, there was no sign of sexual abuse.

Cronk advised Wilbur not to sign the plan because Wilbur never did anything wrong. The safety plan is bogus and was filed to protect DHS who violated the laws in this case, Cronk said.

DHS officials didn't return a phone call regarding this case. Last week, officials said they couldn't comment on this case.

Cronk sent a letter to the Iowa City DHS office Nov. 18, informing them Wilbur would pick up her child from the foster home of Nino's aunt unless there's a court order preventing them.

Wilbur said when her daughter saw her she just looked at her like “What are you doing here? - like she didn't think she was going to see me again. She told me she was so scared she couldn't cry.”

Cronk said they videotaped Wilbur picking up her daughter for court purposes. Johnson County Sheriff's deputies came to the house after a DHS worker told Nino and his aunt to call them when Wilbur arrived. Cronk said the deputies let Wilbur take the child after they found out no court order existed.

Cronk said DHS is now harassing Wilbur to sign the safety plan. The safety plan wants to prevent Wilbur's mentally challenged sister to be in a caregiver's role and requires there is appropriate paperwork so the child can receive medical care and her educational needs are met when Wilbur is not available.

Cronk said Wilbur's sister, who has the mental capacity of an 8-year-old, has never taken care of the 5-year-old. And the child has been in school except while in foster care because the foster parent was told not to send her to school by a DHS investigator.