CUMMING, GA – What began as a mother’s desperate plea for temporary help has spiraled into a deeply troubling legal and custodial battle involving Georgia’s Division of Family & Children Services (DFCS), two different county courts, and mounting questions about the treatment of vulnerable families in crisis.
On July 19, 2024, Makayla Daly, a single mother to three non-verbal children with Level 2 autism, sought a brief period of respite following the sudden death of her best friend. Recalling an experience in Texas where a compassionate fire chief once helped her in a similar time of need, Makayla turned to the fire station located at 2720 Holtzclaw Rd, Cumming, GA, for help.
Instead of finding relief, she was met with confusion and eventual intervention from DFCS.
“Respite” Turns Into Removal
Firefighters at the Forsyth County station, unfamiliar with the concept of respite care, contacted DFCS. Makayla—fearful due to her own traumatic experiences in state custody as a child—initially refused their assistance. However, reassured that the support would be temporary, she reluctantly agreed.
The very next day, July 20, 2024 DFCS refused to return the children. Makayla authorized her aunt, Heather Daly, as legal guardian and co-caregiver, but Forsyth County DFCS refused to release the children to Heather Daly in violation of the law. Official Code of Georgia Annotated O.C.G.A. § 15-11-130 states that temporary respite relief is provided in Georgia and that the children must be returned upon request. Instead, DFCS filed an abandonment petition against Makayla!
Due Process Denied
What followed was a series of hearings and procedural decisions that have raised red flags among child welfare advocates:
- July 22, 2024: Makayla was reportedly denied effective legal counsel at a Forsyth Juvenile Court hearing, where she claims her right to a hearing was waived without her consent.
- July 25, 2024, An ex parte emergency hearing awarded temporary custody of the children to DFCS—without adequate representation for Makayla.
- October, 2024, Makayla was refused counsel of her own choosing and forced to represent herself pro se at trial after the court again failed to appoint meaningful counsel.
- November 2024; Judge Christopher Willis of the Forsyth Juvenile Court dismissed an abandonment claim from the Division of Family and Children Services (DFCS). In an unfounded and bold decision, the judge changed the allegation to medical neglect. This decision was based on an inaccurate claim that the children had missed therapy appointments six months prior. After his first claim of medical neglect, Judge Willis stated he did not approve of Makayla’s living arrangements with her aunt. It is important to note that her aunt, Heather Daly, is an attorney for parents that have been or are being accused by DFCS. Judge Willis did not afford an opportunity for Daly to respond to his allegations in spite of new evidence to the contrary of possible maltreatment in state custody.
Maltreatment in Care
During a court-ordered visit in Winder, GA, Makayla noticed an outbreak of warts on her eldest and middle child—conditions that never would have happened under her watch as their mother! She and her aunt promptly notified DFCS caseworker Nikki Cannon and the children’s appointed counsel. DFCS minimized the condition, insisting that the outbreak of warts was “normal for children” and tried to claim that the children had the warts prior to DFCS involvement. Makayla was not allowed to attend the medical appointment for the children to be examined.
The Division of Family and Children Services and Judge Willis took further steps to strip Makayla of her right to make medical decisions for her children. Judge Willis issued an order that DFCS could usurp Makayla’s right to manage her children’s dental and medical care, raising further concerns about the children’s care in the state’s custody.
Then transferred to Dawson County in December of 2024 but no hearing was scheduled until March of 2025.
Children Separated Across the State
In February 2025, Court Appointed State Advocate (CASA) Jane Fischer called Makayla in a panic—unaware of the children’s whereabouts. The three siblings were separated from each other and placed into different homes across Georgia, each more than four hours apart.
Two weeks later, Fischer texted Makayla asking “if she had treated the warts in the past,” suggesting a disturbing lack of case continuity and clarity from within DFCS.
Judicial Actions Raise More Questions
- In March 2025, Makayla’s court-appointed attorney was again unprepared, and the case was pushed to April 17, 2025.
- Witnesses at the April hearing, including advocate Sylvia Beachy, describe the proceedings as focused more on defaming Aunt Heather Daly than on addressing the actual case.
- Thrive supervisor Karen Burt allegedly provided false testimony, claiming the children were bonded to a biological father known to have a history of domestic violence against Makayla and who abandoned the family in 2022. Despite the abandonment and history of domestic violence and prior to any adjudication of his custodial or visitation rights and without hearing what the children wanted, and over Makayla’s strong objection, Judge Amber Sowers of Dawson County Juvenile Court granted the abusive father unsupervised visits.
- On April 16, 2025, judge Sowers issued an order barring Heather Daly from filing any documents or motions in the case to assert her rights.
- On April 17, 2025, two of the lawyers appointed by Judge Sowers filed a motion to prohibit Heather Daly from speaking to anyone in the case, including Makayla.
- During the April 17, 2025 hearing, DFCS workers testified that the children would not be returned to Makayla Daly as long as she continued to live with her aunt.
July 2025: Supporters Ejected, Rights Denied
At the July 17, 2025, hearing, advocates from Rescue The Fosters arrived to support Makayla. Attorney Heather Daly filed a notice to act as legal counsel for Makayla, but Judge Sowers refused to allow Heather Daly to represent Makayla. Judge Sowers of Dawson County Juvenile Court declared the hearing was closed to the public without saying why and ordered police to remove supporters and Heather Daly from the courtroom.
Makayla was stunned to learn her court-appointed attorney had withdrawn without notice. She asked to speak and asked if she was going to be permitted any counsel. Her request to speak and counsel was denied, and it became clear that the Court preferred that she represent herself without professional legal representation, violating her due process rights. In disbelief of the Court’s direction, Makayla felt she had no other choice but to speak by leaving the hearing in protest.
A Mother’s Statement
“Going through the courts has made me feel defeated, invisible, belittled, and extremely misunderstood—all because I asked for help,” said Makayla Daly in a public statement. “The people attacking me are the judges and attorneys who said in court that they don’t even know how someone can care for three disabled, non-verbal children. That’s all I’ve ever done—care for my kids.”
Growing Outcry and Demand for Oversight
Makayla Daly’s case has ignited renewed calls for accountability in Georgia’s child welfare system. Child advocacy organizations, legal reform groups, and mental health professionals are beginning to take notice!
Supporters have raised concerns about:
- Violations of due process
- Failure to provide adequate legal representation
- Medical neglect in state custody
- Denial of family placement options
- Inappropriate courtroom behavior and biased testimony
At present, the next court date has not been publicly confirmed. Advocates are calling for a full independent investigation into both Forsyth and Dawson Counties Divisions of Family Children Servies practices and judicial conduct.
Georgia is bloodthirsty for children. They don’t like Aunt Heather, and they dang sure didn’t like Senator Nancy Schaffer trying to expose it. 🙄 Dirty pigs orchestrated that murder/suicide scenario. The elected officials organized criminal cabal has GOT TO BE TOPPLED 😈 Arrest the governor and all family court judges ASAP