AN: So this is the court chapter and the reason why it's a bit late is that I was reading up on Ohio law to make it as realistic as possible. So there will be a lot of lawyer speak in this, and you might be able to detect my distain for certain aspects of the law ;) I've changed my chapter count to 25, but like I said before it could still be a bit more.

Chapter 21: Kurt Anderson vs the State of Ohio - Part 1

Kurt

Kurt was lying on his bed, trying to work his way through a biology assignment, a week after he and Blaine had returned to school, when there was a knock on his door.

"Kurt, can you come downstairs please. Mrs. Hoffs is here to talk us through the court proceedings," Burt called out and Kurt closed his book with a sigh. He wasn't too keen on having to testify against his parents in court because he just wanted to forget the past and move forward.

Still, he followed Blaine's dad downstairs and sat down opposite Mrs. Hoffs on the couch.

"Kurt, how are you honey?" she asked once he was seated and Kurt smiled at her. "I'm good now," he answered truthfully. Yes, there were still issues he was dealing with but he was already doing much better than he had only four weeks ago.

"Good. Now let me explain what is going to happen. The court will hear your parents' testimony the day before they summoned you. Someone from the program your mother is in will testify as well that day to report on her progress and a psychiatrist will tell the court his assessment of your parents."

Kurt nodded. He had already been informed that he didn't have to listen to his parents if he didn't want to and he was glad they didn't force him. He was still undecided on whether he wanted to hear what their excuses were or not, but he still had a few days to decide.

"We are expecting a prison sentence for your father, though the court will have to decide which degree they are going to apply. Basically that means he could get as little as six months or the maximum sentence of ten years depending on the judge's ruling."

Kurt nodded again. Surprisingly he didn't seem to have a problem with his dad being sent to jail though he thought that ten years was a bit much. But he wasn't a lawyer and didn't know what people got for other crimes.

"What about my mom?" he asked because surely they wouldn't send her to prison for being mean.

"Your mother's case is more tricky. Basically the court will decide on one of two things. What has happened so far was that you were placed in temporary substitute care and your mother was provided service that should help her become a fit mother. The PCSA, that's us, decided on appropriate substitute care, which in your case are the Hummels. The purpose of this placement was to remove you from threat of danger while allowing your mother the opportunity to correct the circumstances which contributed to or caused the abuse or neglect. Do you understand?"

Kurt nodded once more but he didn't like were this was going. "And the other option?" he asked, his mouth suddenly dry.

"If the court determines that your parents cannot or will not provide the care necessary to ensure your healthy physical and emotional development, parental rights will be terminated and you will be allowed to stay in the Hummel's care, with the option of getting adopted."

Kurt looked at Burt who had been following the conversation in silence so far but was now clutching one of the throw pillows rather tightly.

"You don't mean to say he could be sent back to that horrible woman?" Blaine's dad asked her, obviously trying to remain calm. Kurt paled himself, because he hadn't thought that was even an option.

"Well to quote the PCSA's stance – 'Ohio's child abuse and neglect laws are not intended to punish but, instead, to help the family. Primary emphasis is placed upon preserving the family.' Now, I don't necessarily agree with that in all cases, but yes, the judge could very well decide that Mrs. Anderson has put in the necessary work and could send Kurt home with her until his eighteenth's birthday."

Kurt's head was spinning. He didn't want to go back with his mom. They had tried that once and it hadn't worked out, so why would it now? He was only just beginning to understand what his mother had done to him, and the last thing he needed was being placed under her harmful influence again.

"I don't want to go back," he whispered. "Please don't send me back. Can't I just get emancipated?" He was probably clutching at straws but he wouldn't go back, he just couldn't. He'd rather run away and hide out somewhere till May than move back in with his mother.

Mrs Hoffs sighed. "Unfortunately, in Ohio a minor can only get legally emancipated if he or she joins the army or gets married. Because Ohio doesn't recognize same-sex marriage that's also not a possibility for you, so as long as you don't plan to join the army within the next few weeks, you will have to wait for the judge's ruling."

That all had to be a nightmare, Kurt decided, from which he would wake up any minute, because it couldn't be true. Just as he had gotten rid of Karofsky something else was trying to destroy his life.

"But shouldn't they care about what I want if their job is to protect people like me," he spat angrily.

"In my opinion they should and I hope they will, but in the eye of the law you are still a child and therefore not allowed to make the decision like you would if this were a divorce case," Mrs. Hoffs explained and he was glad to see she wasn't happy with the law either. After all, he was nearly eighteen – he should be able to decide where he wanted to live when he had a place to stay.

He must have said the last part out loud because Mrs. Hoffs spoke up once more. "Well, Kurt. Right now the Hummels are your foster family, which means they get money from the state for you. That's why it's not really your decision."

"Damn right it is his. Do you think we care about the money," Burt yelled, fists clenched. "We care about Kurt's wellbeing and if a judge sends him back, well then he doesn't care at all."

"I understand your frustration, Mr. Hummel. Trust me I do, but if the court rules in Mrs. Anderson's favor, he can't stay with you. He would be removed from your house should you let him stay and you might end up being the one in trouble with the law."

Burt looked ready to explode and though Kurt was fucking pissed as well, he knew he had to make sure Burt didn't do something stupid.

"It's okay, Burt," he whispered. "I hope I can stay here, but if I can't I know it's not your fault. And it means a lot to me, that you want me here whether you get paid for it or not."

Blaine's dad seemed to relax a bit and Kurt took that as his cue to flee to the safety of his bedroom – as long as he still had it. "If this is all, I'll probably see you in a few days," he told Mrs. Hoffs, who nodded, before making a beeline for the stairs.

Upstairs in his room, he threw himself on the bed and buried his head into his pillows before dissolving into tears.

Blaine

Blaine was furious after his dad had recounted the social worker's visit, and he was angry he hadn't been there for Kurt because coach Beiste had kept them at school to discuss the rest of the season.

As much as he wanted to punch something though, he knew it had to wait. According to his dad, Kurt had run to his room, before Mrs. Hoffs had even left and had refused to come out so far.

He grabbed a tube of ice cream from the freezer and made his way upstairs before knocking on Kurt's door.

"Kurt' it's me. Can I come in?" he called out and after a few moments Kurt's muffled okay came through the door.

His boyfriend was lying face down on the bed and when he looked up Blaine could see he had been crying.

"I brought ice cream," Blaine announced before he cringed because what was he thinking bringing Kurt, who was still struggling with food, something like that? To his surprise Kurt accepted a spoon though.

"Burt told you." It wasn't really a question but Blaine still nodded. "I'm so sorry Kurt. God, I hate this state," he exclaimed angrily before he moved closer to Kurt, allowing him to lean on him.

"Me too," Kurt replied in a small voice. "It's like someone has a personal vendetta against me."

Blaine rubbed Kurt's back, careful to stay away from his hips because he knew Kurt still didn't like being touched there or on his stomach, hoping to comfort him, though to be honest he needed some comfort himself. He didn't know what he would do if Kurt got hurt again, because some judge was being stupid. God, he hoped the judge wasn't secretly homophobic and sent Kurt back out of spite.

"We should just run away together," Kurt joked after a moment of silence – at least he hoped he was joking because as Blaine knew by now, running away rarely solved any problems.

"What would we even do?" he asked though, entertaining the thought for a moment as well. Kurt shrugged. "I always quite liked 'On the Road'."

Blaine chuckled, trying to imagine him and Kurt sleeping in open train compartments or outside in a barn.

"Probably not the best idea. What about New York though? We'd find us a small but cozy apartment and I would play piano in a hotel bar while you would star in your first role on Broadway."

Kurt rolled his eyes. "That's a no to running away then. But what if they send me back?"

"Then I'll be there for you every step of the way. And as soon as you are eighteen you can move back here. I know my dad wants you here as well," he told his boyfriend sincerely before swallowing another spoonful of ice cream. He gave Kurt an encouraging smile when he dipped in his spoon as well, grateful for the food specialist Kurt was seeing in addition to his weekly meetings with his therapist.

"Thank you," Kurt told him a while later – ice cream long gone and the credits for 'Love Actually' rolling down the screen.

"You don't have to thank me or my dad for doing the right thing. We both lo- care for you a lot and don't want you to get hurt."

He hoped Kurt hadn't noticed his near slip up because they had barely been dating a month and saying the L word was probably a bit too soon. Though he was pretty certain that what he felt was love. Not that he had ever been in love before, but he assumed that was what it felt like.

But Kurt just smiled at him, his eyes filled with – dare he say – love, and Blaine snuggled up closer to him.

"Regardless of what's going to happen – we'll get through it together," he promised, fully intent on keeping his promise.

Kurt

In the end, Kurt had decided not to go and witness his parents' testimonies. He had heard them say enough hurtful things to last a lifetime and he doubted they had suddenly changed their tune. Burt and Blaine fully supported his decision and Kurt was grateful for it.

The three of them were sitting outside the courtroom, waiting to be called in, and Kurt was clutching Blaine's hand as tightly as possible. Finally, Mrs. Hoffs approached them and they followed her inside, sitting down behind the lawyer for the prosecution.

Once he was seated between Burt and Blaine, he dared a look over to where his parents were sitting, His dad looked older than his forty-six years and when he caught Kurt looking at him, he scowled. Kurt quickly looked away and focused his attention on his mother, but she was keeping her head down.

To his surprise, Mr. Schuester, coach Beiste and coach Sylvester sat down behind him, next to the doctor who had treated him in the hospital the first time and the psychiatrist he had spoken to after his accidental overdose.

Burt was the first to take the stand and he was asked to recount what had happened after their Sectionals performance. His own father was full out glaring at Burt and Kurt moved closer to Blaine. Afterward, Burt was questioned about his parents and he told the judge that by the time he had figured out that more than bullying was going on, it had already been too late.

A smile graced his face when Burt reaffirmed that he loved having Kurt at his house and would gladly let him stay as long as Kurt wanted.

Blaine changed places with his dad then and he was surprised to hear how early on in their friendship Blaine had felt uneasy about his home life. Apparently he hadn't been able to hide things as well as he had thought.

Kurt was shocked when Blaine told the judge about New Year's Eve because he hadn't known all the details for some reason. He couldn't believe how cruel his mother had been that afternoon and it made tears well up in his eyes.

When he looked over to her, she looked plenty remorseful but Kurt didn't buy it for one second, especially after seeing how she had acted during the social worker's visit.

His hands were shaking when he himself was called up and he shakily took a seat. He was glad he wasn't forced to put his hand on a bible for his oath, because if there really was a god, he must be a huge jerk in his opinion.

Kurt had to take a few breaks during his questioning, either for water or tissues, especially when he was asked to talk about his childhood memories. He had never put much thought into his past, always focusing on surviving the present, and it suddenly hit him for how long his parents had made his life a living hell.

Court broke for lunch after he was finally done with his story, and Kurt collapsed on a bench outside, mentally exhausted. Without any conscious thought he refused the sandwich Burt had bought for him, but eventually he took a few bites to appease Blaine. His stomach churned though, he had to fight the urge to throw it straight up again.

Most of the break was spent with Blaine's arms around him and he ignored the stares from other people in the building, even though some even pointed at them, because he needed the comfort Blaine's arms provided him.

Once break was over, they returned to the courtroom and coach Beiste took the stand.

"Ms. Beiste, you are an educator at William McKinley High School, the school Kurt Anderson attends. Have there been any signs that made you suspect the boy was mistreated at home?" she was asked, and the coach paused for a moment.

"This is my first year at McKinley," she replied, "and I had notice when I saw Kurt in the hallways that he was withdrawn and shied away from contact. However, I became aware soon that he was bullied at school, so I thought his behavior was attributed to that. I kept an eye on him afterward because I wanted to keep him safe and I must admit I expected him to get better after his father was removed from his home, but that was not the case. He seems much happier lately though, so if you ask me, let that boy stay with the people he is with now."

The coach left the stand and sent an encouraging smile in Kurt's direction and Kurt smiled back at her, grateful to have some teachers at McKinley who cared about him.

Mr. Schuester was up next and from the corner of his eye he saw Burt glare at his teacher.

"Mr. Schuester. Would you say you know Kurt better than other teachers at your school." The choir teacher nodded proudly and Kurt, Blaine and Burt rolled their eyes.

"It says here, you had been in contact with Mr. Anderson before the event discussed before. What impression did you have?"

Mr. Schuester shifted in his chair. "Well, he seemed rather angry when I told him Kurt was in my Glee club. He said some not so nice words about my club, but a lot of people don't like the arts," he defended himself.

"And when you talked to Kurt Anderson about the phone call, you still didn't suspect something was going on?"

Now Mr. Schuester really looked uncomfortable. "Well, it did seem a bit strange that his father reacted so strongly, but I didn't think it was my place to tell a parent how to deal with his child. And Kurt didn't say anything either."

"Some kind of teacher," Burt muttered next to him and Blaine nodded on his other side.

"Are you aware Mr. Schuester, that as an educator you are mandated to report any suspicions of child abuse?" the judge asked and Mr. Schuester shook his head. "You can't really expect me to alert authorities every time a child is a bit weird."

"Just for future reference Mr. Schuester – and I would really advise you to educate yourself – it is a misdemeanor not to report suspicions of child abuse," the judge lectured and Kurt saw Mr. Schuester pale. The choir teacher was by no means the worst teacher McKinley had, but for someone who thought he had to be included in discussions of every single one of his glee club kids, he had surprisingly little insight, Kurt thought to himself.

He tuned out for a bit, as the doctor explained his injuries, showing x-rays of older injuries Kurt had passed off as accidents before he had learned to take care of them on his own. Blaine looked rather pale though and Burt's hands were clenched into fists. He was glad they didn't know how much he had been able to hide when he stopped going to the hospital for fractured bones and injured ribs because it was already hard enough for them as it was.

His mother looked outraged when his psychiatrist took the stand, trying to interrupt a view times until the judge threatened her with a fine, which promptly shut her up. It only strengthened his belief that she didn't think she had done anything wrong, and wasn't likely to change any time soon. He just hoped the judge would see it the same way and would let him stay with Blaine and his dad.

He took a look around the courtroom after the hospital psychiatrist had finished, but he couldn't think of anyone else they could question. Court wasn't adjourned however and Kurt was interested in finding out who else would have to testify.

"The court calls Cooper Anderson."

Kurt and the two Hummels shared a look – because who the hell was Cooper Anderson?

Part 2: Cooper Anderson's story and the court reaches a decision regarding Kurt's future.