Bring Peri Home

Carla Moquin, Alpha, and Echo, Peri's mother and two sisters
Peri, Carla's middle daughter, who was adopted at birth
Susan Englert and Demyn Plantenberg, Sunnyvale, California, couple who fraudulently adopted Peri while Carla was still married to the father of Peri and her sisters (he and Carla are now divorced)

Carla is close to trial in a California lawsuit to overturn Peri's adoption due to fraud by Susan and Demyn in falsely promising a fully open adoption of Peri to convince Carla to go through with the excruciating decision to place Peri for adoption with them. The core of the lawsuit is Demyn and Susan intentionally not filing the Post-Adoption Contact Agreement (which had been signed by all parties) when they finalized Peri's adoption. Their intentional failure to file the agreement made Peri's adoption legally closed and ensured that Susan and Demyn could eliminate all contact and information between Peri and her biological family at any time--the exact opposite of an open adoption.

In their attorney's own words, Susan and Demyn "admit the nonfiling; their opposition to
an enforceable postadoption agreement was clearly expressed to the agency. They would not have proceeded with the adoption if an enforceable agreement was required." Susan and Demyn filed declarations in the lawsuit falsely claiming that they "clearly informed the IAC, through its social worker, Pam Steele, that they would not use the Family Code § 8616.5 procedure". (California Family Code Section 8616.5 controls post-adoption contact agreements in open adoptions. A different California statute, Family Code Section 8714(c), requires that post-adoption contact agreements be filed with the Court at finalization of an open adoption. Demyn and Susan broke California law by not filing the agreement.)

Susan and Demyn willingly filled out and signed the Post-Adoption Contact Agreement in the course of convincing Carla's family that they were dedicated to an open adoption.

Pam Steele, the adoption counselor who coordinated Peri's adoption and helped the families to fill out the Contact Agreement, has stated in an affidavit about Peri's adoption:

"The Post Adoption Contact Agreement was written as minimums and the minimums were specific to the fact that the adoptive parents and birth parents lived a considerable distance from each other. In the discussion of the agreement, it was stated that very frequent visits would be possible if the Moquins lived in the San Francisco Bay Area (monthly). It was also discussed that the Moquins could plan to visit twice yearly if it was feasible for them. It was also agreed that all parties could initiate calls and emails at any time, that the Plantenberg/Englerts would send pictures, including camcorder videos, 4 times a year, and that the Moquins could request pictures any time."

The Contact Agreement specifically says that "[t]his is not a legally binding document, except in California where it is legally binding when filed with the court, along with the Contact After Adoption Agreement Form, at the time of the finalization of the adoption." It also says that "The adoptive parents understand that the agreement is binding and can be enforced by the court." Filing of the Contact Agreement was necessary in order to give Carla's family the legal ability to enforce arrangements as to contact; by not filing the document, Susan and Demyn made sure that they could cut off Carla's family's contact with Peri at any time.

Contrary to Susan and Demyn's claims of having disclosed their intentions to Pam Steele not to file the Contact Agreement, Pam stated clearly in her affidavit:

"Prior to finalization, the Plantenberg/Englerts did not indicate an unwillingness to file the Post Adoption Contact Agreement. If they had, this would have raised serious concerns about their willingness to honor the terms of their agreement with the Moquins. . . ."