ALBANY — Albany County’s expert witness, a psychologist, testified on Friday that Brenda VanAlstyne is not emotionally fit to have custody of her two nieces, who have been in foster care since their 5-year-old brother, Kenneth White, was strangled to death in December. On Monday, he testified that her nieces do not want to see her.

“She misses her nieces and wanted to see them and believed they were well cared for in her custody,” Dr. Casey S. Everett, who evaluated VanAlstyne in March, said in court on Friday.

VanAlstyne is now facing a dispositional hearing under Judge Gerard Maney, after he found her guilty of abuse and neglect in Albany County Family Court last month. Her daughter, Tiffany VanAlstyne, has been in jail since police arrested her in December for killing Kenneth White, a Berne-Knox-Westerlo kindergartner who, along with his sisters, lived in a trailer in Knox with Brenda VanAlstyne.

On Monday, May 11, Maney is slated to rule on whether the two White sisters — Christine, Kenneth’s twin, and Cheyanne, a year younger —are to be reunited with their aunt. Also on Monday, the girls’ father, Jayson White, who petitioned for custody after his son’s death, is to hear the judge’s decision on that.

In closing arguments on Monday, Jeffrey Berkun, Brenda VanAlstyne’s lawyer, told the judge, “Ms. VanAlstyne is ready, willing, and able to participate in any services” the county may require. However, he went on to say the county’s Department of Children, Youth and Families “has offered her nothing up to this point...Those children are her family and in her legal custody,” he said.

The judge interrupted to ask who is currently living in VanAlstyne’s home. Berkun conferred with VanAlstyne, sitting beside him at a long table before the judge, and reported she was living with her sister, Christine White, and her sister’s boyfriend, with Kenneth VanAlstyne, and with Brandon Rios. Christine White is the mother of Kenneth, Christine, and Cheyanne; she has declined to petition for custody of the girls since they were taken from VanAlstyne’s home, citing a medical condition. Rios, 18, was taken in by VanAlstyne years ago. And Kenneth VanAlstyne is the brother of Brenda VanAlstyne’s stepfather.

In his closing arguments, James Green, for the county, said, “We kept hearing Ms. VanAlstyne is ready, willing, and able...unfortunately, we didn’t hear that from her,” he said, noting she had had an opportunity to testify. Green went on to say the White sisters currently have an “aversion” to Brenda VanAlstyne, adding, “No one is saying they can’t ever have contact.” He concluded the sisters should remain in the county’s custody until reunited with their parents.

James McSparron, representing the White children, recommended not ruling out “any custodial resource” and following Everett’s recommendations.

“The standard of proof is the preponderance of evidence,” said Maney, noting there were two witnesses brought by the Department of Children, Youth and Families, and two reports from Everett. “Family Court’s only concern is the best interest of children,” he said.

VanAlstyne told The Enterprise before she went into court on Monday that she has been to visit her daughter, Tiffany, in Albany County’s jail and said she is “all right.” She was accompanied to the courtroom by her sister, Christine, and Rios.

Psychologist recommends help for Brenda VanAlstyne

Brenda VanAlstyne’s family-court hearing had been adjourned on Friday to Monday, May 4, to give lawyers time to review Everett’s report on the two young girls. The report was requested by the petitioner, the Albany County Department of Children, Youth and Families, and finished a day before the hearing.

Everett said he interviewed VanAlstyne and performed psychological tests that indicated she is under “extraordinary emotional distress.”

One of the factors he cited in his testimony was VanAlstyne’s romantic relationship with Kenneth VanAlstyne, who, Everett said, she described as emotionally abusive to people around him and threatening her with sexual and physical abuse.

“That type of behavior, when it occurs, can be devastating to anyone,” Everett said in court.

When he asked why she would bring children into such a setting, Everett testified, VanAlstyne softened her description of the issue, saying Kenneth VanAlstyne had stopped his abusive behavior. This, Everett concluded, demonstrated Brenda VanAlstyne’s “denial and avoidance.”

She told him that she is no longer in a romantic relationship with Kenneth VanAlstyne and he is staying at her Knox home just four days every week.

The psychological evaluation also described Brenda VanAlstyne as having panic attacks during the months before her meeting with Everett in late March, with one 20-minute attack just two days prior, Everett said; she showed symptoms of depression and anxiety, she was impatient in discussing her emotions, and talked about feeling “empty” and “dead inside.”

Everett recommended that VanAlstyne seek more regular therapy, from the few hours a month she is receiving now to at least weekly sessions, and more intensive mental-health treatment.

The county’s other witness Friday, caseworker Jenny Espinal, said the county department’s plan for Kenneth White’s two sisters involves the potential of reuniting them with their parents. For now, it recommends keeping them in foster care.

When pressed during testimony, Espinal acknowledged that Jayson White, who has petitioned to have custody of his daughters, would not be an “appropriate custodial resource.”

White has filed a custody petition for Christine and Cheyanne for the second time. He lives now in Massachusetts.

Maney said Friday that White has been accused of substance abuse, untreated mental health, endangering the welfare of his children, and inadequate guardianship.

Sisters wary of their aunt, testimony says

Everett has made two recommendations for Christine and Cheyanne — that the children get grief counseling soon and then, several weeks after that counseling is underway, a team of professionals meet with the counselor to map out future services so as not to “overload” the children, he said.

Everett noted, in the five months since their brother’s death, the White sisters had been uprooted, placed in a new home, attend new schools, and have met a variety of new professionals.

Everett said the supervised visits the girls have had with their parents at Parsons Child and Family Center were described as “pleasant.” According to an account from a staff member at Parsons, when the girls were given a stuffed animal, described as a gift from Brandon Rios, Christine’s reaction was “aversive” and “negative.”

“They both acknowledged they missed Kenneth and think about him,” said Everett. When asked by Green if they were having contact with their Aunt Brenda, he said, “They responded by shaking their heads ‘no.’”

When Green asked why they did not have contact, Everett said, “Christine said, ‘Tiffany hits all the time.’”

Further, Everett testified that he asked each girl individually if she wanted to be with her Aunt Brenda. When Christine answered, ‘no,’ he asked why. “She said, ‘Tiffany hits.’”

Separately, when he asked Cheyanne if she wanted to see her Aunt Brenda, she shook her head ‘no’ and, when he asked why, Everett reported, “She said, ‘I just don’t want to,’ and gave no further explanation.”

He concluded, “They are resistant to having contact with their aunt...It suggests to me their relationship is in need of repair.”

Christine reported a visit with her parents was “good” and Cheyanne nodded in agreement, Everett said.

Everett said the sisters are comfortable in their foster home with Linda Dunn; they seek her out and respond to her directions and encouragement.

He recommended counseling that would, first, lead to understanding the reason for their hesitation and would, secondly, “help the children work that through.” Everett noted that the girls “did not identify Ms. VanAlstyne as having hit”; rather, they identified her daughter.

Everett also said it was important to note they may associate connecting with their aunt with losing contact with their foster mother. He described Christine sitting in her foster mother’s lap and nestling closer when asked about contact with her aunt, saying, “We live with Linda.” He concluded that the girls may feel that contact with VanAlstyne could result in losing their foster home.

Everett also said, “The children were removed from the residence after a tragedy...I believe they are associating that with contact with Ms. VanAlstyne.” He said that counseling might be able to “tease out” those threads.

Everett noted that when the girls started in foster care, they had trouble sleeping — crying inconsolably — behavioral problems, difficulty being separated, and difficulty following directions. They are on medication now to help with sleep and hyperactivity, he said, and are improving.

“My concern is the introduction of Ms. VanAlstyne at this time against the expressed wishes of the children...without counseling...might set back their relationship and be disruptive,” said Everett.

“You’re not saying Ms. VanAlstyne should not ever have contact?” asked her lawyer.

“Absolutely correct,” answered Everett. When pressed by Berkun, Everett said his recommendation would be for VanAlstyne to resume emotional and psychological stability before considering contact.

Berkun noted Christine and Cheyanne had seen their siblings although they hadn’t wanted to.

“You can add it’s an order of the court,” said the judge of the sisters having visited their siblings.

Everett, under questioning, confirmed that the parents, Christine and Jayson White, had failed to keep appointments with him. His client, Berkun argued, is getting counseling, taking prescribed medication, taking a personality inventory as requested, and saw Everett twice.

McSparron asked Everett if the children were “good reporters.” He replied that they were “consistent reporters,” meaning they answered questions repeatedly the same way.

“Is it fair to say these children will need a lot of support?” asked McSparron.

“Yes,” replied Everett. “I don’t rule out any possibility for the future except the recommendations I’ve made.”

Updated on May 4, 2015, after Brenda VanAlstyne appeared again in court on Monday.