Sunday, March 23, 1997 | 11:59 a.m.
A state senator is seeking to subpoena confidential records in a controversial teenage guardianship case he says was "greased through" Family Court.
State Sen. Bill O'Donnell, R-Las Vegas, who has introduced a bill to amend Nevada's guardianship laws, says the records show that the head of Clark County Youth and Family Services, which has jurisdiction over Child Protective Services, interceded in the case.
Kirby Burgess, director of the state's largest juvenile agency, admits he was asked his opinion of the case, but says he did not exert any influence.
The case began in March 1996 when Sal and Kathy Cincotta were awarded immediate, temporary guardianship of then-16-year-old Tiffany Ambrose -- without her parents' knowledge.
Under Nevada law, the court, without notice to the parent, may appoint a guardian for a child 14 or older who gives written consent or consents in open court. Parents are only notified later of a hearing to extend or terminate that guardianship.
Tiffany had known the Cincottas, parents of her boyfriend Gino, for less than three months. She says the Cincottas wanted her to live with them so she "could spread her wings." At the time, Tiffany was rebelling against rules set by her parents, Kyle and Sandy Ambrose, who were concerned about her relationship with Gino.
In seeking guardianship of Tiffany, Sal Cincotta told Family Court Judge Terrance Marren that the girl -- not her parents -- should have the right to see who she pleases and to determine who she wants in her life.
On July 31, 1996, Marren granted the Cincottas permanent guardianship of Tiffany, telling the Ambroses to turn over her birth certificate and Social Security card to the Cincottas. He also informed the Cincottas that they were entitled to child support from the Ambroses.
The Ambroses were dumbfounded. They were an "ordinary family with ordinary problems." They were willing to do anything for their daughter -- even place her with her grandmother or a neutral party until they could work through their problems.
What they couldn't understand was how the court could give their daughter to the Cincottas. They had presented evidence that Sal exhibited an obsessive, controlling influence over Tiffany and Gino. And there was no thorough investigation of the Cincottas or Tiffany's original claim that her father beat her. The latter hurt the Ambroses the most, especially Kyle.
Tiffany today says there is no truth to the beating allegation. She says the Cincottas told her to say that to a Family Court investigator so she could live with them.
As she talks about the FMAC (Family Mediation and Assessment Center) interview, she begins to cry, saying she regrets what she said. Upon hearing that, Kyle Ambrose, who has been devastated by the unsubstantiated beating claim, also unleashes a flood of tears and a sense of relief that people "finally will know the truth."
Tiffany says the Cincottas strapped a tape recorder to her stomach for the interview with the FMAC investigator, so they would know whether she was telling the investigator what they wanted her to say.
The Ambroses are questioning the thoroughness of the FMAC report, which is confidential and can be read by them only in their attorney's office.
They say none of the statements were verified and that they were not allowed to have character references. Yet the Cincottas had a character witness -- Kirby Burgess -- who vouched for them. At the time, the Ambroses did not know that Burgess was head of Youth and Family Services, with jurisdiction over Child Protective Services.
Although he now says he "did not know the situation that well," Burgess says "the child custody people asked me about them (the Cincottas) and I shared my perceptions of them.
"Even though I work for the government, I have a right to my opinion.
"I would think I would carry more weight ... give an objective report."
He adds that he "tried to stay out of the matter and let the court take its course."
Burgess knew the Cincottas through his daughter, who was a friend of the Cincottas' daughter. The girls visited back and forth, but he says he and the Cincottas "didn't hang out together."
He says he did not know the Ambroses, and was unaware of any controversy surrounding Cincotta and his obsession to have his son play football for the best area high school team.
The Ambroses gave the FMAC investigator statements from Tiffany's friends, her doctor and a therapist on their behalf. But none of those people apparently were interviewed. The Ambroses also provided the court with a copy of a story printed in the SUN in the fall of 1995 about Sal Cincotta and his obsession to make Gino a star quarterback. Coaches and education officials confided they had concerns about Cincotta. To the Ambroses' knowledge, none of those people were contacted by FMAC.
Nor was Sal Cincotta's background apparently checked out. At the time, he had no visible means of support but always had plenty of cash, according to Tiffany. No one from FMAC visited the Cincotta home, Tiffany says.
Apparently no one -- except the Ambroses -- questioned Cincotta's other actions with regard to Tiffany:
* Withdrawing her from the private school her parents were paying for to enroll her in the public high school his son attended.
* Preventing her from seeing her regular orthodontist because his office gave a progress report to her parents.
* Telling her she could have no contact with her family, including her younger brother.
Within a month after permanent guardianship was awarded, the Cincottas left Nevada with their daughter, Gino and Tiffany -- in violation of the guardianship order.
On Sept. 3, 1996, two days after a story appeared in the SUN about the Ambroses' ordeal, the Cincottas put Tiffany on a bus from California to Las Vegas. On Sept. 4, at an emergency Family Court hearing, Marren reversed his guardianship ruling and placed Tiffany with her grandmother.
At the time Marren said he had been unaware "there was a grandmother in the picture." However, court videotapes show that the Ambroses' attorney had asked at the outset of the case if Tiffany could be placed with the grandmother or another relative -- rather than the Cincottas, whom she barely knew.
The Ambroses believe the only reason Cincotta was awarded guardianship is because Burgess vouched for him.
Marren says Burgess did not exert any influence on his ruling.
After the fact -- at an unrelated meeting -- Marren says Burgess "told me he felt uneasy about being contacted by FMAC for his input."
Marren says Burgess wanted to assure the judge that his contact was strictly on the basis that he knew the Cincottas "and not because he was director of Youth and Family Services."
Tiffany, who is back at home with her parents and is working out her problems, says Sal Cincotta told her to thank Burgess after the guardianship was granted, which she did. She says Burgess remarked that he was glad she was "safe."
That incident and a comment Sal made to a school counselor bolster Sen. O'Donnell and the Ambroses' belief that the guardianship was a "done deal."
Questioning Sal Cincotta's authority to remove Tiffany from her private school, the counselor asked how he obtained guardianship. Sal replied, "I have connections," according to the counselor.
Some people involved in the case now say they were duped by Cincotta. A therapist says Cincotta "misrepresented himself."
Burgess says he was surprised when he heard the Cincottas left town. "I thought that was kind of strange."
The Ambroses say they had evidence of a lot of strange behavior on the Cincottas' part, but no one would listen to them except Sen. O'Donnell and the SUN.
Why was there no investigation, they ask.
"That's the crime," O'Donnell says.
* Tiffany, now 17 and a high school junior, has long blond hair and looks like the girl next door. Her mood is pensive, then talkative. She laughs freely with her father. A few minutes later she is sobbing. She's comforted by her mother, and wipes her tears.
Kyle and Sandy Ambrose, as well as Tiffany, have been through the emotional wringer. They are trying not to dwell on the past, but build on the future. Kyle and Sandy take some comfort in Tiffany's remorse, but don't dwell on it. It took some courage to get where Tiffany is now and to resume her life with her family ... at her old school ... facing her friends.
She's excited about studying oceanography and marine biology in college, but is not in a hurry to go away to school.
Last year at this time she was ready to go anywhere -- away from what she considered strict guidelines at home.
"In the beginning, I thought they (the Cincottas) were cool," she says.
If she thought her parents were "strict," she would soon learn that life with the Cincottas would be suffocating. Then she found herself knee deep in legal maneuvers over which she says she had no control.
"At first, I wanted to scare my parents to give me more time because I didn't know how to get to them," she say. "Family meetings took up my time. I was mad about that.
"Sal told me my parents should let me spread my wings."
But there was no real freedom, and the Cincottas began calling her names and humiliating her, she says. They told her she wasn't worth anything and that her parents didn't care.
"I wanted to go home so bad then. I hated my parents but I didn't know why -- because I loved them."
By the time the permanent guardianship was awarded, she knew that things weren't right at the Cincottas', but felt there was nothing she could do. "I kept thinking it's over, but I can leave when I'm 18 and then I'm out of here."
Last August, Sal told her they were moving to California because Cheyenne High School refused to make Gino the starting quarterback. They simply picked up and left. In California, Tiffany says, they went from school to school seeking the right team for Gino.
At the same time, a bench warrant for the Cincottas was issued in Las Vegas. Tiffany says they did not know anything was amiss until the SUN tracked them down by calling their cellular phone number. Kathy Cincotta answered the phone, but after the reporter told her she was calling about Tiffany, the phone went dead.
Then, she says, a man -- believed to be from Metro Police -- called to tell them about the warrant and that they should return Tiffany.
Now the Cincottas were upset, Tiffany says.
She says they tried to call Kirby Burgess' office several times, but was told he wasn't in. They then called a Las Vegas attorney who told them "you're all over the news." Heeding his advice, they put Tiffany on a bus to Las Vegas.
The attorney accompanied Tiffany to an emergency hearing the next day where Marren reversed his decision and placed her with her grandmother.
If Tiffany could tell the court anything about her ideal, it would be to check the facts.
FMAC has been criticized for its lack of investigation and not spending enough time on cases. FMAC officials say staggering caseloads prohibit them from conducting thorough investigations.
"They don't verify anything," Tiffany says. "It was so easy to B.S. it."
Another concern is the state statute on guardianships.
The purpose of appointing an immediate temporary guardian is to protect a child from danger or an abusive situation.
Sen. O'Donnell agrees the foremost concern must be the child's welfare. But he says the child should be placed with a neutral party until the guardian can be deemed suitable.
Critics of the guardianship laws say any child age 14 and older can simply say they don't want to live at home and choose to live with someone else. Lack of investigation could lead to a worst-case scenario of a pedophile or pimp being appointed guardian.
Last week O'Donnell introduced Senate Bill 231, which would amend the law to say that the court must notify parents of guardianship petitions.
He also will ask a state Senate committee to review records in the Ambrose case to determine the role Burgess played.
"This (case) should never have happened," O'Donnell says. "It was a Jim Jones ('70s cult leader) experience."
The Cincottas are believed to be living in another state and could not be reached.
Although the Ambroses have spent several thousand dollars in attorney's fees to fight the guardianship, they say the emotional toll the case has taken has been the most costly.
About the time the Cincottas took Tiffany to California, Sandy was fired from her former job because she was spending too much time trying to get Tiffany back.
Kyle says his employer has stood behind him and supported him -- even though there were many days all he could think about was his daughter.
They still shake their heads in disbelief: How did it all happen?
"It's hard to explain," Tiffany says quietly. "It was hard to say my father beat me (when it wasn't true.) They (the Cincottas) would yell at me, sometimes staying up all night. They'd tell me I wasn't worth it, that nobody wants you. You start to believe it."
She pauses and looks over at her parents sitting nearby.
"I didn't hate you guys. I didn't know why I didn't want to be with you. I had anger and I didn't know why."
She starts crying, and Sandy Ambrose puts her arm around her.
"The important thing," Sandy says, stroking her daughter's arm, "is that we're a family. And that's all that matters."
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