Unsupervised Minor – Pre-series. John's on a job, so when 18 yr. old Dean has to leave on a rescue mission, he is forced to leave 14 yr. old Sam by himself. When a drunk driver brings Sam to the attention of child services, the family's worst nightmare occurs.
Chapter 14 – Family Reunion
by Visionairy
Suddenly the exam door flew open as a tall forceful man with dark hair and a beard rushed in. He was quickly followed by another man who looked just as flustered and unkempt. He was wearing a hunting shirt and ragged ball cap and pushing another man in a wheelchair. The nurse was the last to come in. Breathless, she asked the doctor if she should call security. "They wouldn't listen to me. These two just got here, and I told them to wait in the …"
"It's okay, Cathy. Let them stay, I think I need to talk with them about this patient, anyway. See where else you're needed," and as the shaken nurse began to leave he added, "… and I don't want to be disturbed for a while."
"Dad!" Dean jumped up from the chair by Sam's bed.
"Dean." It only took two steps for him to be beside his boys and reach out to him. "How's Sam doing? What happened?" He looked down at Sam and was startled to see two wide eyes looking up at him.
"Sam." He gently touched the boy's face and he couldn't believe the profound relief he felt in being in the same room with his boys and seeing them both, if not entirely well, at least alive and conscious.
"Dad." Sam responded. He reached out and grasped his father's arm. "Dad, iss good to see you."
"You too, Sammy." He looked with great fondness at the boy in the bed, then turned the same look to his oldest. "Dean, I hear you've been busy. I'm glad you made it safely back."
Dean smiled back at his dad. Now, he knew, they would be a family again.
Despite his immense relief at seeing both his boys, John turned his attention back to the son in the bed. "What happened, Sam? I called Jim as soon I could and he told me some of what's been going on. And that was bad enough, but as soon as I get into the area, Jim called to say I should meet him at the hospital instead. Then when we got here, I'm told you've been brought here by ambulance for a drug overdose! Sammy, what the hell is going on?"
"Dad," Dean intervened, "take it easy. It's not what it seems, and Sam's not entirely with us right now."
"Y's I am," Sam slurred.
Dean stepped between Sam and his dad, "No, Dad, he's not."
"Mr. Winchester?" Dr. Phillips stepped forward. "I take it you're Sam and Dean's father."
"I am," he put out a wary hand to shake his, "And you are…"
Pastor Jim spoke up, "This is Dr. Phillips, John. He's been treating Sam since he arrived in here last week. He's a good man, and he's taken real good care of your boys."
John searched the doctor's face for confirmation that he had his boys' best interests in mind. Apparently the man stood up to the scrutiny. "Thank you. When I found out that Sam'd been hurt … I just … well I got here as fast as I could."
They heard a small hrumph from Bobby that indicated that speed limits were probably tripled on the way back.
"So," John glared at the doctor, "I have a lot of questions for you, but first, how is Sam? Have you been able to get the drugs out of his system?"
"I really didn't need to do that," the physician raised his eyebrows in Sam's direction.
"What, why not?" John demanded. He wanted answers and he wanted his son treated, and not necessarily in that order.
Sam looked pitifully up at his brother for some much needed back-up. "Dad," Dean interjected, "you know how you're always saying that Sam's a little too smart for his own good."
"Out with it Dean."
"Well, after what Sam has been through over the past couple of weeks, …" Dean hastily explained Sam's elaborate hoax to the anxious faces, while Sam did his best to look contrite and remorseful. He wasn't sure how this explanation was going to go over with his dad.
Bobby was the one to start laughing first, "John, you gotta hand it to him. Brilliant strategy. I'm proud of you boy."
Sam smiled at his old friend and then glanced nervously over to Dean.
Jim weighed in next, "Sam, I'm also impressed, but if you ever do something like that again, as I'm sure Dean has already clearly explained," Dean's expression showed he'd been correct, "you will give more than one of us a heart attack."
"I'm sorry Jim." Sam looked truly contrite. "I couldn't think of a'y other way."
John finally weighed in. "Sam, you did what you had to do to get back to us. I won't say you did the wrong thing, but ... Sam, you never should have been in this situation."
"I know Dad," and Sam looked truly despondent. "I'm really sorry." He knew he should have handled the entire situation differently, he should never have allowed them to take him to the hospital. And no matter what Dean had said, he should have just found a way to deal with his injuries at home.
"I'm sorry, sir," Dean spoke up. "It was my fault. I left Sammy alone when I know it was my responsibility to protect him."
"Sam … Dean," John looked at both his boys with frustration. "Sam, there is nothing you could have done differently. You were injured and needed to be treated at the hospital. Nothing that has happened here has been your fault." He checked Sam's eyes to make sure his youngest was truly absorbing his message.
When he was satisfied, he stepped back and put his arm on his oldest, "Dean, … you did exactly what was needed. Yes, you need to protect Sam when I'm away, but nothing you could have done would have prevented a drunk driver from hitting him."
"But I wasn't there for him, you don't know the whole story."
"I do, Dean. And I wouldn't accept Jim's apology either. Neither he nor you have anything to apologize for. He needed your help, and you saved his life."
"Sam," and the large man's shell cracked as he took his youngest's hand, "Sam, I'm sorry, son… for forcing you go through this on your own. And Dean, I owe you an apology as well. You were in an untenable position. I took off on a job without making sure there was a way for you to contact me in an emergency. You had to make a hard decision, and as far as I'm concerned, it was the right one at the time."
"Dad," Dean objected. "…but I didn't take care of Sammy."
"Dean, I know you're quite both quite capable of taking care of yourselves, but as Tom has quite vehemently explained to me, I already should have had the forms in place to insure that you could make legal decisions for Sammy in my absence. Without it, there's nothing you could have done anyway. I guess I stopped thinking of you boys as kids a long time ago, but it's not true, at least not for Sammy yet, as far as the law is concerned."
"Dad, i'ss okay, I'm fine."
"No, Sam. You're not. And it is my fault. But I promise you, I'll never let that happen again. I already talked with Tom on the way back here. He's going to write up the papers that insure that Dean can also make critical medical decisions for you in my absence, at least until you can legally make them for yourself. Pastor Jim, Bobby, and even Maggie have also requested notarized medical forms so if anything, God forbid, were to happen to both of you at the same time, any one of them could step in on your behalf until I could be reached."
Dr. Phillips stepped forward, "Well, you've taken a lot of heat out of my lecture for you. It's good to see that you're beginning to understand the severity of the situation you left your boys in, and that you won't allow anything like this to happen again." He looked into John's eyes, "Sam's had a very rough time of it, and had to be very brave throughout. He will need a lot of support over the next few weeks to recover fully, but he is a strong young man and with his brother's unflagging support, I have no doubt he will do fine."
"I understand," John turned to meet the eyes of his younger son. He hoped that Sam could see in them the depth of the regret he felt.
"I'm certainly glad to see that Sam, here, has a lot more family support than I originally believed. I'm also glad, seeing your size, that I don't have to follow through with my original inclination as to what I'd do when I finally met you."
Dean grinned, he knew he liked the doc, but knowing what he was willing to do for Sam made him a friend for life.
John smiled. "I want to thank you for being there for Sammy."
"You may want to rethink that," the doctor said, "when you hear what happened the first three days your son was here." He paused and looked directly at John. "I was the one who contacted Child Services to have him taken out of your custody."
A flash of anger filled his eyes, but John knew better than to take it out on this man. "Jim has explained why it was done, … I just didn't realize you were the one to do it."
"Dad," Sam intervened, "I'm sorry … he knew I just couldn't take it anymore, it wasn't his fault."
"Easy, Sam," John spoke softly. "I know. I know you did everything you could to hold on, but I never came."
"Me either," Dean's voice was filled with reproach.
Pastor Jim finally intervened. "Well, as pitiful as this mutual self-loathing session is, it's not getting us anywhere. Tom is already putting together all the papers we'll need both for the future, and for the upcoming court case. Our main concern now is how to prevent Sam from being sent back to live with those people."
"Well, we sure as hell aren't going to let them anywhere near him now!" Bobby was unwavering.
Dean could always appreciate Bobby's direct approach. They were definitely kindred spirits in that area. "Damn straight, Bobby."
"Yes," Dr. Phillips added, "Dean, Sam and I have already discussed this. It is my official medical position that a minor boy at risk of suicide should not be allowed to leave the hospital until we've had the time to conduct an extremely thorough evaluation."
Bobby slapped John on the back. "I told you it was a brilliant idea. Good one, Sam."
Sam looked pointedly over to Dean, "Yep, that's what I thought, … but ya' can't please everyone."
Dean's return expression promised revenge, so Sam looked quickly away.
"What about the Vulture Lady?" Sam pushed.
"The freaking scavenger from Child Services who arranged Sam's kidnapping," Dean clarified.
"Mr. Winchester, Judge Davis and I go way back. He's been assigned to your son's case. In fact, he was the one who arranged it so I could start treatment on Sam, and he pulled parental rights based on my evaluation of his situation. I'll give him a call and let him know what's going on, and why I'm keeping Sam here until the court case. He's a fair man, he won't let her get her hands on Sam prior to the hearing."
"Thank you." John could see why Dean and Jim seemed so supportive of the man.
"Don't thank me yet. This way you don't get full custody of Sam either, until he determines that it is in the best interest of this young man."
"But doc! You know we'll take care of him."
"Dean, stand down," John warned.
"Don't worry, Dean. The judge rarely revokes parental rights, he much prefers to keep families together. He just wants to insure that the family is aware of all the things they need to do to insure the safety and well being of their minor children. I think your dad is in for some hard questions, but it also appears that he's already covering most of the issues that needed to be addressed."
He turned to John, "His previous injuries though …"
John nodded and went through the list in his head – cracked ribs, broken foot, wrenched wrist, stitches in his head – how much were they aware of. "Yes, I know."
"I told h'm about the bike accident," Sam pointedly spoke up. Dean rolled his eyes.
"Do you have medical records for that? It would help in court."
"I wish I had it, but I didn't keep any of the paperwork. My wife died many years ago, when Sam was a baby. She was much better at those things. But, Dr. Phillips, you can see his injuries were treated effectively." And understanding the underlying concern he added, "I swear to you that I have never physically harmed my boys."
Dean couldn't listen anymore without speaking up, "Doc, look at me. You've gotten to know me, how I feel about Sam. Do you really think I'd allow anything like that to happen to Sammy?" He waited till he saw the reaction he wanted, "Well neither would our dad."
Pastor Jim joined in. "Dr. Phillips, I'd be more than willing to testify on John's behalf. I've known his family for years. They've stayed with me for long periods of time, and I can honestly say that there is nothing they wouldn't do for each other. That man loves his boys, and they love him. They may not be the most conventional family, but they would do more for each other than any family I've seen."
"And I may not have the reputation of the pastor here," Bobby added, "but I've also known the Winchesters since Mary died. There is nobody around that could take care of these boys the way John does. He would die himself before he let anyone harm his boys."
"Okay," he relented, "I understand, and every voice will help in court." Dr. Phillips made some notes in Sam's chart, "But right now, let me get on the phone and make sure Sam does not have to leave here until this is decided by the court. I'll ask Cathy to move Sam into a private room now. She can take him up the back elevator, and you can accompany them. I'll talk to Mr. and Mrs. Samuels and let them know what's going on. Mr. Samuels didn't sound like he was particularly interested in taking him back, anyway. "
He smiled at Dean's response, "Way to go, Sammy!" As he turned to leave he could see Sam's extended family surround the young man. And despite the fact that Sam could barely keep his eyes open any longer, Dr. Phillips could see how much their presence was helping to heal the young man. He couldn't help but admire the boy's resourcefulness, but now he had to make sure his efforts weren't in vain. As the door closed behind him, Dr. Phillips was already making his call.
"And finally, sir, in addition to exhibits 3 through 6 that arrange for appropriate medical care in absentia for his minor son, Samuel Winchester, John Winchester has…"
"Sam-u-el," Dean uttered under his breath so only the so-named minor could hear.
"It's Sam, dude. How hard is it to keep that straight," he whispered back.
"You know," Dean grinned innocently, "If you'd stayed with that family, your name woulda been Samuel Samuels."
"Yeah, Dean, I got that."
"It's enough to make someone run away."
"Yep."
"Sam-u-el Sam-u-els, you gotta admit, it's got a ring to it."
"Right"
"Chicks would love it."
"Uh huh."
"Sammy Sammy-els"
"Dean, shut up!"
"Boys!" Pastor Jim gave them a stern warning. "If you can't keep quiet, you'll have to leave the courtroom."
"…and in the event of the his untimely death," their lawyer went on, "John Winchester has also set up a will that gives full custody of Samuel Winchester to his older brother, Dean Winchester.
"Your ass is mine, dude." And though that was said as if to scare, Sam recognized it for the amazing gift it was. If anything ever did happen to their dad, Dean was willing to be there for him, promised he'd be there for him – but where else would his big brother be. He had to admit it, it felt good.
Tom continued, "If he were to somehow survive both his brother and father …"
"God, no." Dean barely heard Sam's comment, but wholeheartedly agreed with the sentiment. He couldn't imagine the pain of being the last Winchester.
"… Pastor Jim Murphy has requested full custody, followed as well by Mr. Robert Singer. This gives three additional layers of support if he was ever to need it. And as you've heard from the many witnesses that came forth today: Pastor Jim Murphy, Mr. Bobby Singer, Mrs. Margaret – Maggie – Hopkins, all family friends with long histories with Mr. Winchester and his boys, along with notarized letters of recommendation from other long-time friends. This is in addition to recent local witnesses such as the compelling testimony of Sam's current physician, Dr. Daniel Phillips, who has described the physical and emotional support Dean has provided throughout the weeks of Sam's recovery, as well as John Winchester's consistent support since being notified of the accident. They have clearly refused to leave his side.
We've also heard from Dr. Gene Shelby, a licensed clinical psychologist that has met with Sam to determine his state of mind after the incident that brought him back to the hospital, and we have put into evidence his opinion as to what would be the best long term living arrangements for the young man. We've also heard from two of Sam's teachers as well as two of his friends, who were also in the accident, and have testified that Sam was a good friend, an excellent student, and had nothing but good things to say about his brother, Dean, and father, John.
We've provided evidence that Dean checked in with him prior to leaving the city on the day of Sam's accident, and answering machine and cell phone records that show he attempted multiple calls to his residence throughout the time he was gone. We also have a police report that verifies Dean's account of his time away.
We've shown strong evidence of a family that consistently protects and cares for each other, as well as the well being of others, and who can provide the most supportive, loving, and safe environment for this minor child. We ask that you immediately remand full custody of minor Samuel Winchester back to his father, John Winchester. Thank you."
The judge had already heard from the lawyer for Child Services, but considering what had happened in the very short time that the young man had been placed in a foster care situation, even they didn't push very hard to retain custody. The Vulture Lady hadn't even had the nerve to put in an appearance in court.
Dean reached over and grabbed Sam's shoulder as the judge got ready to make his decision. Over the past couple of days he had already mapped out the courthouse in his head. Dean knew exactly where the exit was that would most easily facilitate getting his injured brother out of the building quickly and into the waiting Impala. And not to be left unprepared, he had also mapped out the fastest way out of town as well as the best place to go into hiding. He doubted it would come to this, but he was a Winchester, and he knew how important it was to be prepared.
"Mr. Winchester," the judge began. "I could go into a long speech here about the importance of arranging for proper back-up support of a minor when you are out of town, but I believe this lecture is unnecessary at this point. I believe you have learned your lesson in a very personal and painful way, and I am pleased to see that you have made all appropriate arrangements for the future. I hearby immediately remand custody of minor Samuel Winchester back to his father, John Winchester. Take care of each other."
Sam couldn't breathe. His heart was pounding and the immense relief he felt to be finally, truly back with his family was intense. Dean grasped his shoulder and John grabbed him into a gentle hug. "I promise, son. This will never happen to you again." Then he said something Sam hadn't heard for a very long time. He leaned close and spoke for his sons' ears only, "I love you both very much." He knew their dad loved them, it was just really nice to hear it from time to time.
On the way home, Sam reflected that though this had been an agonizing situation for him, he had learned from it as well. In their line of work, Sam had always known he had people in his life who were willing to die for him, he just never realized how many people loved him enough to be willing to live for him – no matter what – and that was just good to know.
By the time Sam got back to school, three weeks had passed. Thanks to Mike and his teachers, and Dean's coordination of books and paperwork, Sammy had most of his schoolwork caught up. It was with a certain amount of trepidation that Sam got his first ride back to school the following Monday.
Noticing his brother's hesitation to open the door when he pulled up outside the school, Dean shut off the engine. "Dude, it's going to be fine. Just take it easy with that walking cast and avoid dodge ball during recess."
"Recess, Dean?"
"Oh, whatever you kids call it these days."
"Right, old man, cause it's changed oh so much since you graduated."
"Damn straight. Seriously though, Sam, if you need any help carrying something, just leave it in class and I'll come back with you after school to get it. Oh, and keep an eye out for the chicks. They just love the casts."
Sam rolled his eyes and eased out of the car. Dean wanted to race around to help him, but knew that would just undermine his brother's efforts. "I better go. Will you be picking me up, or Dad?"
"We flipped a coin. He won, so I'll be here," Dean whined.
"Yeaah, right. You so want to watch the girls leaving while you wait for me."
"Yep, and you better take your own sweet time. I'm bringing popcorn."
Sam shook his head and headed slowly but steadily off into school.
It was another three weeks before Sam hesitantly suggested that he'd like to go a basketball game with Mike again. Mike had lost his cast a couple of weeks earlier, and was back behind the wheel of, as Mike loudly bemoaned, his dad's '65 Volvo. Their team had made the finals and the whole school was showing up for the game. Dean hesitated only slightly before joining in to petition their dad to let Sam go. Surprisingly, both Dean and John saw this as a necessary step for Sam to get back on with his life.
So, armed with a fully charged cell phone and strict instructions to call immediately after the game ended so they would know exactly when to expect him home, Sam rode off with Mike to the game.
Neither boy saw the black Impala as it pulled out and followed a discreet distance behind them in the night. Dean trusted Sam, and he trusted Mike's driving, but, well, in their world, there was safe … and then there was Winchester safe. And Dean would never confuse the two again.
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